The judgment of the court below is reversed, and the case is remanded to the Seoul Northern District Court Panel Division.

The grounds of appeal are examined.

1. According to the principle of trial on evidence under Article 307 of the Criminal Procedure Act, the recognition of guilt in a criminal trial shall be based on strict evidence with probative value, which makes it possible for a judge to have the real conviction of the facts charged to the extent that there is no reasonable doubt. Thus, in a case where the prosecutor’s proof fails to reach such a level that such conviction may lead to a sufficient conviction, the determination shall be made in the interests of the defendant even if there is a doubt of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable

(2) On April 28, 201, the lower court determined that: (a) as evidence to adopt the Victim F (hereinafter referred to as “F”)’s statement, etc. as to the facts charged in the instant case, the lower court: (b) determined that F and D’s statement on the cause of injury was already inflicted on the victim F (hereinafter referred to as “F”); and (c) determined that F and D’s statement on the ground that F were consistent with F and D’s instructions and consistent with the purport that “The Defendant who used to assault D was able to flee, and thereby suffered an injury on the ground floor by sticking the F’s head; and (d) determined that F and D’s statement on the ground that credibility was consistent with the intent of F and D’s statement.”

3. However, we cannot accept the above determination by the court below for the following reasons.

First, as to the judgment of the court below on the point of the occurrence of injury that F had already suffered prior to G's release into the first floor, according to F and D's above statements adopted by the court below, F suffered an injury in the course of preventing the defendant who abused D from attempting to escape. Thus, the time of the occurrence of injury is the point of time.