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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Notwithstanding the fact that the defendant, as stated in the facts charged, did not have abused the victim and inflicted bodily injury, the court below which pronounced the defendant guilty has erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.
2. Determination
A. On January 29, 2014, the Defendant, at around 20:00, alleged that E would be a new site for D church worship distribution in Tong Young-si, Ma Young-si, and that E would be a new site. Accordingly, as one hand, the Defendant was able to control the use of microphones from the victim F ( South, 71 years old), thereby causing injury to the victim, such as a shoulder that requires treatment for about 42 days and the divers of the above parts, and damage to the dives of the above parts and the power lines.
B. The lower court found the Defendant guilty on the grounds of the evidence indicated in its reasoning.
(c)
1) In light of the above legal principles, the burden of proof on the facts charged in a criminal trial is imposed on the prosecutor, and the conviction is based on evidence with probative value that leads the judge to have the truth 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 shall be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2002Do5662, Dec. 24, 2002). In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below and the court below, the evidence submitted by the prosecutor alone, as stated in the facts charged, committed an assault by the defendant in a way that damages the victim's shoulder with the victim's hand, and thereby, it shall be proved that there is no reasonable doubt that there is damage to the victim's ability to give treatment for about 42 days.
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