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The judgment below
The guilty portion against the defendant shall be reversed.
The defendant is not guilty.
Reasons
1. Although the Defendant did not assault I, the lower court found the Defendant guilty of this part of the facts charged by misapprehending the fact.
2. Determination
A. On September 7, 2014, around 00:10 on September 7, 2014, the Defendant: (a) was driven by a scambling in the restaurant located in Busan-gu Busan-gu G.
A The victim I(33 tax) faces the face of the victim I(33) who is a single drinking, and assaulted the victim's neck in several times by hand.
B. The Defendant asserted to the effect that he did not assault I as the grounds for appeal from the investigative agency to the court.
With regard to this, the lower court rejected the Defendant’s assertion and found the Defendant guilty of the facts charged in this case by integrating the statements of A, C, and I, the upper part of the body, and CCTV images.
(c)
We examine the statements of A, I, and C presented as evidence by the court below for the above review.
First of all, A has judged the aspect that I speaks in the court, but it is not possible for the defendant to see the aspect that I am at the time of the defendant.
The statement cannot be a direct evidence of the facts charged.
I was assaulted once on the left-hand side in the course of speaking the defendant and C's fighting in the police investigation, and the neck was assaulted twice on the hand by hand.
the defendant and A's fighting in the court, and the defendant and A's fighting in the court
The statement was reversed, and C was assaulted by I while satising the face of the defendant, who was satisfeed by I when he and the defendant satisfy in the police investigation.
However, in the court, the Defendant and A’s fighting face were reversed at two times. According to CCTV images No. 14 of the evidence list, which took the circumstances before and after the completion of the instant crime, it is difficult to believe that I and C’s statements for the following reasons.
(1) A CCTV is wraped with the defendant in CCTV images.