The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The summary of the facts charged is that the defendant-friendly B parked a horse in front of the convenience store of the victim C, and the defendant threatened the victim by entering the convenience store for the victim's operation in the Gyeongcheon-gun, Gyeongcheon-gun on July 22, 2017, stating that the defendant's friendship B would have "if the horse is short of it, he will have a track."

Judgment

1. The summary of the Defendant’s and the defense counsel’s assertion is consistent with the entry of the Defendant into the convenience store at the time of the instant case, but it did not state C the same motive as the facts charged.

2. Determination

A. In the relevant legal principles, 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 with probative value sufficient for a judge to have the truth of the facts charged to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt against the defendant is between the defendant even.

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

(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). (B)

In light of the aforementioned legal principles, C’s investigative agency and this court’s testimony, E’s legal statement, etc. are used as evidence that seems consistent with the facts charged of the instant case, in mind of the aforementioned legal principles.

However, in full view of the following circumstances known by the pleadings and records of the instant case, each of the above evidence is difficult to believe it, and there is no other evidence to prove it.

① The most valuable and important evidence corresponding to the facts charged in the instant case is C’s investigative agency and this court’s statement.

However, C’s statements cannot be trusted due to circumstances, etc. in which considerable parts of the statements are not reliable.

The detailed contents shall be changed into the following paragraphs (2) through (4):

(2) C shall first be immediately after the occurrence of the instant case.