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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 is that there was no fact that the Defendant was influort E, and even if such fact was found, E was not likely to inflict an injury on the cluorum base, so the judgment of the court below is erroneous by misunderstanding the fact and adversely affecting the conclusion of the judgment
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged in the instant case was, in collaboration with C on April 1, 201, the victim E working in the Nam-gu Incheon Metropolitan City on April 17:00, on the ground that, during the process of concluding the Defendant’s house lease agreement, the victim would have expressed his/her desire to do so, and thus, the Defendant was injured by the need to treat the victim with his/her hand for about 14 days, on the ground that he/she was able to do so.
B. The lower court found the Defendant guilty of the facts charged by taking account of the evidence as indicated in its judgment.
3. Judgment of the court below
A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the facts charged should be proved to the extent that there is no reasonable doubt (Article 307 of the Criminal Procedure Act). Thus, if the facts charged were not proven to the extent that there is no reasonable doubt, the defendant is suspected of guilty.
Even if it is not guilty, it shall be judged.
B. Main points supporting the facts charged of the instant case
There are statements in the victim, G's investigative agency, the court of original trial and the court of appeal, and statements in the court of appeal and the written diagnosis of injury in the court of appeal.
However, comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court, each of the statements by the victim, G and J is difficult to believe, and the injury diagnosis report alone is insufficient to recognize the facts charged in the instant case, and there is no other evidence to acknowledge the facts charged.
1 The victim refers to two defendants and C, at the time of the police investigation regarding the place where the defendant was pushed down.