Nevertheless, the lower court found the Defendant guilty of assault against the victim erred by misapprehending the legal doctrine.

2. Determination

A. The lower court found the Defendant guilty on this part of the facts charged on the ground that the victim’s statement and D are mutually consistent and consistent with each other, and the Defendant also recognized the victim’s handout.

B. On June 21, 2017, the day following the crime of this case, the following circumstances acknowledged by the court below duly adopted and examined by the court below. ① The victim filed a complaint with the Gyeonggi-gu Police Station of Gyeonggi-gu Police Station of the following day following the crime of this case as a crime of expulsion and assault. The victim’s complaint includes “the defendant's arms and arms of the victim,” (Evidence 3 pages),” and the victim made a consistent statement on the part of the police in addition to the complaint prepared by the victim himself/herself, as the victim, and under investigation as the suspect, the defendant was deprived of the victim’s arms (Evidence 13, 67 pages of the record of evidence); ③ D also made a statement with the same content in the court of the court of the court below (Evidence 64 pages of the trial record); ③ from the police to the court of the court below, D also made a consistent statement from the police to the court of the court below; ④ from the police to the court below, the victim’s statements and the suspect were inconsistent with D evidence.