The prosecution of this case is dismissed.

Parts of innocence

1. 공소사실 피고인은 2015. 3. 31. 23:10 경 목포시 C에 있는 D 인력 직업 소개소 앞 도로에서 피해자 E(52 세) 와 시비가 되어 손으로 피해자의 왼쪽 뺨을 1회 때려 넘어뜨린 다음 발로 피해자의 얼굴을 3회 걷어찼다.

In this respect, the Defendant inflicted an injury on the victim on the victim's alcohol and bridge.

2. The Defendant asserts that the victim’s face cannot be walked due to an outbreak, although he or she was blicking and breathing at the victim’s her seat.

살피건대, 피고인이 발로 피해자의 얼굴을 찼다는 취지의 증인 E, F의 진술 기재와 수사기관의 각 진술 기재는 그 내용이 일관되지 않는 점, 이 사건 각 사진의 영상 등에 비추어 그대로 믿기 어렵고, 달리 이 부분을 인정할 증거가 부족하다.

On the other hand, the upper part of the facts charged appears to have occurred in the process of breathing breath with the Defendant in light of the course of the instant case, the degree of damage, and the damaged parts, and the evidence submitted by the prosecutor alone is insufficient to recognize that the above upper part was caused by the intentional injury, not by the Defendant’s intentional act of assault.

Thus, the facts charged of this case should be pronounced not guilty by the latter part of Article 325 of the Criminal Procedure Act because there is no proof of crime. However, as long as the public prosecution is dismissed as follows with respect to the assault included in the above facts charged, the judgment of innocence shall not be rendered separately.

The facts charged of the injury of this case are included in the facts charged as to the defendant's assaulting the victim's left side by tamping the victim's her one time. Thus, the part of the facts charged is examined.

This is a crime that falls under Article 260 (1) of the Criminal Code and can not be prosecuted against the will expressed by the victim in accordance with Article 260 (3) of the Criminal Code.