했다는 이유로 언쟁을 벌이다 ' 썅 년, 개 같은 년' 이라고 욕설을 하며 피해자의 얼굴에 침을 뱉고, 양손으로 밀치고 온 몸을 때려 2 주간의 치료 일수를 요하는 요추의 염좌 및 다발성 좌상을 가하였다.

2. The police and the legal statement of the victimized person, the medical certificate of injury, and the photographs of damaged parts are used as evidence that seem to correspond to the facts charged in the instant case.

However, in light of the following circumstances acknowledged by the evidence adopted by the court and examined by this court, each of the above statements by the injured party is difficult to believe, and only the injured party’s diagnosis certificate and the damaged party’s photographs are insufficient to recognize the facts charged of this case. There is no other evidence to acknowledge this otherwise.

1) The Defendant and the victim, as a person having an obligation relationship with each other, seems to have brought about a serious controversy with each other even at the time of the instant case, cannot be ruled out that the Defendant and the victim, as a person having an obligation relationship with each other, has made an exaggeration of the situation at the time of the said occurrence.

2) At the time of the instant case, the victim was assaulted by the Defendant in front of the F pharmacy at the time of the instant case

At the time, according to CCTV images recorded in the field situation, many people were sitting at the front distance of the F pharmacy, and they were in a situation where they could see the alleyway in front of the F pharmacy. Also, considering that the traffic of people and vehicles was continued with the alley in front of the F pharmacy, if the Defendant assaulted the victim, it would have been easy to witness the victim in the surrounding area and could not sufficiently speak the Defendant’s assault. In this situation, the Defendant did not control any other person.