The defendant is innocent. The summary of this judgment shall be notified publicly.

A. The Defendant did not commit an assault against the victim, such as breathing the victim’s breath, etc.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. The summary of the charge was around 18:00 on September 9, 2018, the Defendant: (a) around Gangnam-gu Seoul apartment Cdong; and (b) around 18:00 on the calculation of the bicycle repair cost between the victim D (74 years of age) and the victim D, resulting in a trial cost; and (c) was flabing the victim’s flab by hand,

Accordingly, the defendant assaulted the victim.

B. The lower court determined that the victim’s statement was reliable on the grounds that there are no circumstances to deem that ① the victim’s statement is consistent in full, ② there is no motive to dismiss the Defendant, ③ the circumstances leading to the instant report and accusation, etc., and thus, the victim’s statement was not specifically false, and convicted the Defendant on the premise thereof.

C. The evidence of criminal facts in criminal proceedings for the judgment of the court for the trial is presented by the prosecutor. Even if the defendant's indictment is unreasonable and the defendant's indictment is false, it cannot be disadvantageous to the defendant. The proof of criminal facts must have a judge have a high probability to acknowledge high level of probability to the extent that there is no reasonable doubt, and if there is no evidence to establish such a degree of conviction, there is a doubt of guilt against the defendant even if there is no evidence to establish this degree of conviction.

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court Decision 2007Do163, Nov. 30, 2007). As evidence corresponding to the facts charged in this case, the victim’s investigative agency and the court below’s statement are made.

However, in full view of the following circumstances as revealed by the evidence duly adopted and examined by the court below and the court below, including the testimony of F witness of the party in question, the victim's investigative agency and the court below's court.