The defendant shall be innocent.

1. The Defendant and the victim D (V, 48 years old) in the facts charged did not constitute a space due to noise between neighboring families residing on the same apartment surface and below the same apartment.

On July 8, 2013, the Defendant, around 21:30 on July 21, 2013, at the street in front of the 2nd E Apartment Complex Management Office of Daegu, Seo-gu, Daegu, the Defendant got off the victim’s right shoulder with the victim’s cell phone, which is suspected of having escaped after the victim’s f was exposed to an electronic heat chain number.

As a result, the defendant put up the right shoulder in need of treatment for about 10 days to the victim.

2. According to the medical certificate (in the 19th page of the Investigation Record) written by the doctor G, the fact that the victim received medical treatment at H Hospital around 23:00 on the day of the instant case and sustained the right shoulder on the day is recognized.

In light of the following circumstances acknowledged by the record and the attitude of the Defendant and D’s each legal statement, there is no evidence that there is no reasonable doubt as to whether the victim suffered the above above status due to the Defendant’s assault, and there is evidence that conforms to the facts charged, D’s investigative agency, legal statement, and standing photo. The above evidence is insufficient to acknowledge credibility or facts charged, and there is no other evidence to prove the facts charged.

① D은 처음 수사기관에서 진술할 때는 피고인이 어깨로 D의 상체를 툭 쳤고 그 순간 몸이 부딪히면서 피고인이 우측 손에 들고 있던 휴대전화로 D의 오른쪽 어깨를 내리쳤으며, 피고인이 휴대전화를 높이 치들었다가 내리친 것은 아니고 순간적으로 휴대전화로 자신의 우측어깨를 내리쳐 주저앉게 되었다고 진술하고, 피고인과 대질신문을 받을 당시에는 피고인과 자신이 얼굴을 마주 대는 상황에서 피고인이 오른손에 들고 있던...