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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the reasons for appeal is that the defendant was faced with the victim's face with his mobile phone at the time of appeal, and there is no fact that he used the victim to assault or injure the victim.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. The summary of the facts charged in the instant case and the summary of the judgment of the lower court are as follows: “The Defendant taken the Defendant’s face on the street before the D church located in Yongsan-gu Seoul Metropolitan Government on September 10, 2015 in front of the Docket, during the assembly and demonstration of the “D rulempics” conference, the Defendant taken the Defendant’s face on the cell phone of the victim E (28 years old) before the church, and caused the victim to damage the victim’s rear body on one occasion with the cell phone that was cited in the victim’s hand, and caused the victim to do so.
“” is:
As to this, the court below found the defendant guilty of the facts charged in this case by taking full account of the evidence.
3. Determination on whether a deliberation was made
A. The burden of proving the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge sure that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant as the benefit of the defendant (see, e.g., Supreme Court Decision 2002Do5662, Dec. 24, 2002). (b) Whether the crime of assault is established or not, in full view of the evidence duly adopted and investigated by the court below, the fact that the defendant assaultsd the victim as above can be sufficiently recognized.
(c)
It is admitted as evidence that corresponds to the facts charged in this case.