The defendant shall be innocent.

1. 공소사실의 요지 피고인은 성명불상자와 함께 2012. 12. 26. 23:30경 구리시 C에 있는 ‘D사우나’에서 피해자 E(남, 45세)과 시비가 되어, 성명불상자는 피해자의 멱살을 잡고 오른발로 피해자의 발을 걸어 넘어뜨린 후 발로 피해자를 수 회 밟고, 피고인은 발로 피해자의 손목을 1회 밟고 피해자의 정강이를 1회 찼다.

Accordingly, the defendant assaulted the victim jointly with the person who was not injured by his name.

2. The Defendant asserts that there was no assault against the victim since the police to this court, and denies the facts charged.

In light of the following facts: (a) in the court, the witness F stated that “I do not come to the point of time” from E, “I do not come to the point of time,” and “I do not know if I ask the low-level question about the same kind of day,” and (b) he again returned to the police station, and the Defendant came to know about the personal information of a young person from E who returned to the police station, and there is room to regard E as having been assaulted by one person in light of the contents of the conversation immediately after the above case, E was found to have been aware of the fact that in light of the above contents of the conversation immediately after the discovery of the Defendant, I moved to the police station without any other conflict, and again returned to F again after the discovery of the Defendant, I did not talk about the Defendant, and did not attend the court and did not complete cross-examination by the Defendant. In view of the fact that there is no evidence to acknowledge the facts charged by the police and the prosecutor of the E, and there is no evidence to acknowledge otherwise.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered under the latter part of Article 325 of the