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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal (the fact-finding) lies in an error of law by misunderstanding the fact and misunderstanding the victim, even though the defendant was not guilty of harming the victim's fear of fear or harming the child.
2. Determination
A. The summary of the facts charged 1) On December 2017, 2017, the Defendant of assaulted the victim D (here, 75 years of age) who was first considered in the “C” next to the Defendant’s 'C located in Daegu Dong-gu, Daegu-gu’s Free Meal Service (hereinafter referred to as the “C”), as she had her desire to her, while she her her bling with his her neighboring people. After that, the Defendant assaulted the victim by taking 4-5 times the face of the victim her her flasing. 2) The Defendant of the damage of property, at that time, destroyed by the victim’s her flag while she was her her bling, and then destroyed by a her her flag by taking away his her flag, her b
As a result, the Defendant destroyed the 480,000 won of the market price and 5,000 won of the market price respectively.
B. The lower court found the Defendant guilty of the facts charged based on the evidence duly adopted and investigated by the lower court, such as the witness D and E’s respective legal statements, the police statement of D, and the accusation.
C. 1) In a criminal trial, the burden of proving the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true. Therefore, if there is no such evidence, even if there is any doubt as to the defendant's guilt, it is inevitable to determine the defendant's benefit as follows (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). 2) The court below duly adopted and investigated by the evidence duly adopted and investigated by the court below, namely, ① the defendant consistently denies the facts charged, ② the defendant was present at the court below and the trial court with the age of 80 years old.