2. Determination

A. The summary of this part of the facts charged and the victim B are neighboring persons.

At around 15:00 on July 2, 2017, the Defendant followed the fact that the above victim had found in his house at the time of drinking c apartment D on the day preceding the previous day, and the victim had talked with the Defendant, and had the desire to talk about the Defendant, defective the booming view, and caused the victim's chest twice by drinking, and caused the victim's booming over two times with both hands, thereby leaving the victim's chests to be treated for about two weeks.

B. The lower court rendered a not guilty verdict on this part of the facts charged on the grounds that each of the above victims’ statements is difficult to believe, and other evidence submitted by the prosecutor alone is insufficient to recognize the facts charged, in light of the following circumstances acknowledged by comprehensively taking account of the victim’s statements in this court and the investigative agency as evidence consistent with this part of the facts charged, although the victim’s statements were made in this court and the investigation

(1) The victim made a statement at an investigative agency that the defendant made two times his chests, and the victim made a statement to the effect that it would be certain three times in the court, and thus, did not consistently make a statement about the frequency of assault.

② The victim stated in the investigative agency and court that he/she was assaulted by the Defendant and returned to the court that he/she was well sealed by the Defendant. The written diagnosis is the victim with regard to the circumstances beyond the scope of “hert felb’s straw.”