The prosecution of this case is dismissed.

1. On October 26, 2014, at around 16:00, the Defendant: (a) committed an assault on the part of the victim D(64 years of age) in front of the Incheon Strengthening Military Co., Ltd; (b) on the part of the victim D (the 64 years of age); (c) when the victim has a dispute with the passengers who have found the Defendant’s house, the victim was at the time of a vehicle traffic problem; and (d) when the victim has a dispute, he was at the time of the victim’s left side bucking with the victim; (c) thereby, the Defendant inflicted an injury, such as c

2. As evidence consistent with the facts charged in the instant case, there are witness D’s legal statement, the police interrogation protocol of D, and the written diagnosis of injury to D, etc. As to the circumstances in which the injury was inflicted, D made a statement that he/she caused the injury by clocks, etc. from the victim one time and immediately go beyond the clocks due to the shock thereof.

(상해진단서에는 ‘좌측안면부 좌상’도 기재되어 있으나, D는 법정진술 과정에서 피고인으로부터 뺨을 맞고 넘어져 목이 뻣뻣한 증상이 있었다고만 진술하였다). 그런데, 피고인 및 변호인은 공소사실 기재 일시ㆍ장소에서 피해자의 뺨을 1회 때린 사실은 있으나 피해자가 그로 인하여 바닥에 넘어지지는 않았으므로 D의 상해는 피고인의 폭행과 사이에 인과관계가 없다고 주장한다.

Therefore, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, D not only stated that it was in the state of drinking at the time, but also stated that it was not abundant due to it, and the witness E testified that the defendant had been clicked by the victim, although the fact that the defendant was clicked by the victim, the strength was not high, and that the defendant was boomed from D.

A statement that he or she did not know that he or she does not return well, and that he or she was the time when he or she talks with his or her behaviors, not from the defendant.