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The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the grounds for appeal is without using the force of force against the victim, and the damaged person, rather than by drawing the defendant, goes beyond the stairs, and thus, the judgment of the court below convicting the defendant of the facts charged in this case is erroneous in the misapprehension of facts.
2. Determination:
A. On September 25, 2015, the Defendant, at a singing practice place located in Geum-gu, Busan, for the reason that he did not comply with a request made by the victim D (53 Does) to move, was drinking once the face of the victim. On September 25, 2015, the Defendant: (a) fighting with the victim for body; (b) fighting with the victim; and (c) fighting with the victim for body; and (d) inflicted injury on the victim, such as the closure frame of the bones, dyeing of the bones, and dyeing of the bones, which require medical treatment
B. The lower court acknowledged the Defendant’s assault, and found the Defendant guilty of the instant facts charged on the ground that the victim’s bodily injury occurred in the process of falling off from the stairs while fighting with the Defendant’s body and cutting off from the stairs.
(c)
(1) The victim of the injury stated that the injury caused by the injury was caused by the defendant's injury, such as the closure and diversification of the bones of the bones, and dystrophying, when he was led to the defendant's being led to the defendant's stairs.
However, the victim's statement is stated to the effect that the victim's statement cannot be believed to be in conflict with the objective situation and the rule of experience that can be known through CCTV images, and witness E and F are not in conflict with the situation that the defendant was unable to see or memory.
Only the evidence submitted by the prosecutor alone is insufficient to recognize the fact that the defendant saw the victim's coin as drinking, and there is no other evidence to acknowledge it.
In the end, the injury of the victim was not caused by the defendant's drinking, but caused the victim to fall off from the stairs.
2) Subsequent to the Defendant’s act of harming the victim, the victim is from stairs.