The judgment below

The part of the withdrawal refusal is reversed, and this part of the case is to the Panel Division of the Changwon District Court.

The grounds of appeal are examined.

1. As to the part of the violation of the Punishment of Violences, etc. Act, conviction in a criminal trial shall be based on evidence with probative value sufficient for a judge to have the authenticity of the facts charged to the extent that there is no reasonable doubt. If there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

(see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). For the reasons indicated in its reasoning, the lower court reversed the part of the first instance judgment convicting the Defendant of the charges prior to the amendment to this part of the indictment, and acquitted the Defendant on the charges, on the grounds that it is difficult to deem that the modified part of the charges in the lower court with the purport that “the Defendant carried the gas gun of this case without justifiable grounds is beyond reasonable doubt.”

The allegation in the grounds of appeal is merely an error in the judgment of the court below as to the choice of evidence and probative value, which belong to the free judgment of the court of fact-finding.

In addition, examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on “justifiable cause” under Article 7 of the Punishment of Violences, etc. Act or by exceeding the bounds of the principle of free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

2. As to the refusal to leave

(a) The offense of non-compliance with the eviction under Article 319 (2) of the Criminal Act shall be the protected legal interest of the crime of de facto peace in the residence, and the eviction from the dwelling

It shall be established if it does not comply with the Gu.

In addition, the probative value of evidence is left to judge's free judgment, but such judgment is in logical and empirical rule.