The defendant shall be innocent.

1. 공소사실의 요지 피고인은 C와 함께 2016. 12. 25. 08:20 경 수원시 팔달구 D에 있는 ‘E’ 주점 밖 복도에서 피해자 F(31 세) 이 자신에게 기분 나쁜 말을 하였다는 이유로 말다툼을 하던 중 화가 나 각자 손으로 피해자의 머리채를 수회 잡아당기고, 발로 피해자를 수회 걷어찼다.

Accordingly, the defendant assaulted the victim jointly with C.

2. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court, the evidence submitted by the prosecutor alone constitutes assaulting the victim C jointly with C.

The recognition is insufficient, and there is no other evidence to prove it.

① The instant assault appears to have occurred on the front of the main corridor, not on the front corridor of the toilet.

Accordingly, when looking at the MFG-444.MV. file images of CCTV images submitted by the prosecutor, there is a door dooring both between the front corridor and the toilet front corridor, and the right door is closed on the basis of the screen, so the following situation is not well visible.

According to the above video, it is suspected that the victim was assaulted by arbitrae during the period from 4:28 to 10:25 of the above video file, but the defendant abusedd the victim.

It shall not be readily concluded.

② The Defendant did not assault the victim while fighting with the victim.

consistently stated.

Examining the files video of the above IMG-44.MOV., the Defendant started from the site where the victim and G start his body fighting in the toilet corridor, and the Defendant seems to have fightingd with the victim’s day Ha, and entered into the same place as H with the victim’s day Ha, and around 1:05, H 1:05 with the victim’s day fighting, and it seems that the Defendant was able to know the victim’s day fighting.

The defendant continues to speak the victim, and around 1:13, the injured person has rootsd the defendant, entered the front corridor of the main point, and the defendant also follows around 1:15.