The defendant shall be innocent.

1. On May 25, 2012, the Defendant: (a) around 10:00, at the entrance road of the Nam-gu Gwangju District Child Care Center, the Defendant reported that the victim D (the age of 49) was her father E, and caused bad horses to her father E; and (b) had the female go beyond the ground floor by pushing down his/her left arms, thereby making him/her go beyond the 14-day area requiring medical treatment.

2. Determination

A. The burden of proof for 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 that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2002Do6110 delivered on February 11, 2003). B.

Meanwhile, as evidence consistent with the facts charged in the instant case, the statement and the written diagnosis of injury in D’s court and investigative agency are written, and the Defendant, since the investigation agency and the investigation agency, from the time to the present court, there was a change to the effect that “The Defendant was punished by both arms, thereby blocking the Defendant, and the Defendant was sealed, but the Defendant went beyond D’s own seat, and there was no fact that the Defendant got off the left side of D’s left side.”

다. 살피건대, 이 법원이 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정들, 즉 ① D는 이 법정에서 ‘피고인이 양손으로 제 가슴 윗 부위를 밀었다’고 진술하였으나 수사기관에서는 ‘피고인이 오른손으로 제 왼쪽 팔을 밀었다’고 진술하는 등 가장 핵심적인 피해상황과 관련된 진술이 일관되지 않은 점, ② D는 이 법정 및 수사기관에서 ‘피고인이 밀어 아스팔트 바닥에 쿵 하고 머리를 찧었다’고 진술하였으나,...