1. On April 21, 2014, the summary of the facts charged in the instant case: (a) around 09:20 on April 21, 2014, C, while driving a vehicle on the three-distance road below the congested intersection of 276-3, Orpo-si, Yan-si, at the higher level, was driven by the vehicle of D (Nam, 64 years old), which was in front of the instant case, was driven by low speed; (b) thereby, C, having the face of his/her loss and the desire to bring the dispute to the vehicle.

At this time, the defendant, who is the seat of C, driving his her scam and passed through the scam, reported that he scam each other as above, and caused the scambling of D in order to scam the fighting in the vehicle, and C assaulted with D's clothes attached to D while carrying the scam in the vehicle.

Accordingly, the defendant and C assault jointly D.

2. Determination

A. The Defendant consistently asserted that the investigative agency had consistently moved D to the loading box of a vehicle by putting D in the process of concluding a fighting between C and D, and that D did not assault D in conjunction with C, as stated in the facts charged in the instant case.

B. Therefore, the evidence that seems to correspond to the facts charged in the instant case lies in D's investigative agency and this court's statements and victim photographs.

However, according to the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is difficult to believe that D’s statements are not consistent and credibility is not recognized, such as where D’s statements are inconsistent and are contrary to witness statements recognized as credibility.

In addition, it is not enough to recognize that the victim photograph alone combined with C, and the defendant assaulted D as stated in the facts charged, beyond a reasonable doubt.

(1) At the time when D was investigated by the police for the first time, where D is in a dispute with C with C, D will put its own timber on the part of the Defendant and load the vehicle.