The defendant shall be innocent.

1. 공소사실의 요지 피고인은 2012. 5. 20. 21:50경 원주시 C에 있는 피해자 D(여, 54세)이 경영하는 ‘E’라는 주점에서 피해자와 말다툼을 하던 중 화가 나, 피해자의 멱살을 잡아 넘어뜨린 후 발로 피해자의 다리 부분을 수회 걷어찼다.

As a result, the defendant suffered injury to the victim, such as multi-diversal salt, which requires treatment for about two weeks.

2. Determination:

A. The Defendant and his defense counsel asserted unilaterally assaulted from D, and there was no support for walking the D’s bridge part on a hand after cutting off the bridge.

B. 1) The burden of proving the facts constituting an offense prosecuted in a criminal trial is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value sufficient to conclude a judge 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's interest as evidence consistent with the facts charged in the instant case (see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). However, the evidence presented in D's court and investigative agency's statement, F's investigation agency's statement, and D's injury diagnosis statement, while the F appeared in this court and reported D, and D's and the defendant's appearance were sealed, and it was evident that D's body was close to the investigation agency's body before the defendant's stroke and the defendant's body was removed from D's body.