Text
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. The summary of the grounds for appeal does not constitute assaulting the victim as stated in the facts charged at the time of the instant case.
Nevertheless, the court below which found the defendant guilty of the facts charged has erred by misunderstanding the facts affecting the judgment.
2. At around 17:00 on May 4, 2014, the Defendant assaulted the victim F (the age 64) of the instant crime by making a report on the embezzlement case that occurred in the said church in the Seo-gu, Seo-gu, Gwangju as his hand in relation to the embezzlement case that occurred in the said church.
3. The Defendant denies the facts charged to the effect that the Defendant merely told F of the defect F that F was about to see, “the third party is absent” while the church dispute occurred with E at the time of the instant case, and that F did not assault F.
As shown in the facts charged in the instant case, there is an investigation report (No. 6 of the evidence list) on the preparation of a judicial police assistant, accompanied by the statement of F and G in the investigative agencies and the court below and the mobile phone photographs of F and the cell phone photographs of F.
수사기관 및 원심 법정에서 F은 이 사건 공소사실 기재 일시경에 자신이 피고인에게서 폭행을 당한 사실이 있다고 진술하였고, G은 그러한 피고인의 폭행을 목격한 사실이 있다고 진술하였으며, 수사보고서에 첨부된 사진에 의하면 F의 목 부위가 빨갛게 부어 있는 것처럼 보이고 사진 촬영 일시가 이 사건 공소사실 기재 일시인 것처럼 되어 있기는 하다.
However, according to the following circumstances acknowledged by the evidence of this case, it is difficult to believe that the statements of F and G are true, and the photographs attached to the investigation report alone are insufficient to recognize the facts charged of this case, and there is no other evidence to acknowledge them.
① As to how the Defendant assaulted F, F means that the Defendant stated that he was salvating his own timber.