The defendant shall be innocent.

1. At around 17:00 on March 20, 2014, the Defendant, on the road in front of the Cheongju-gu, Cheongju-si, a 319-ro, Cheongju-si, Cheongju-si, with a size of two adult drinking-free cars, which are dangerous objects without any justifiable reason, and assaulted the victim by putting the D-do with a low-priced car driven by the victim C (the age of 43) toward the above car free shop.

2. According to the records of the judgment, it is recognized that the defendant left a car to be driven by the victim after gathering the stones at the time and place specified in the facts charged of the instant case or at the place, and that the stone corresponds to the chief glass window for the said car.

However, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act apply to the facts charged in the instant case. As such, “Assault” in the crime of assault under Article 260(1) of the Criminal Act refers to the exercise of an unlawful tangible force against a person’s body, and thus, the Defendant cannot be deemed to exercise a tangible force against a person who drives the said vehicle as stated in the facts charged in the instant case, and thus, it cannot be deemed as an exercise of a tangible force against the victim’s body.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure