The defendant shall be innocent.

1. On January 14, 2018, the Defendant committed assault against the victim E (the aged 38) by her hand on the ground that D money was not repaid at the Yansan-gu building and the CRC meeting on the 7th floor of the Seoul Special Self-Governing Province on January 14, 2018.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence examined by the court below, it is difficult to deem that the instant facts charged are proven to the extent that there is no reasonable doubt.

At the time, the victim’s type F, who was at the scene of the instant case, stated in the investigative agency to the effect that “the Defendant and the victim carried out physical fighting with their body, but the Defendant did not see that they were the victims,” and the mother of the victim’s mother also stated in G investigative agency that “The victim did not have any time between the Defendant and the victim, and was in a situation where the Defendant and the victim took a bath while being pushed with one another, and that the Plaintiff continued to be pushed down at the middle, the Defendant was boomed, and that the Defendant was not boomed with her faceh with their body.”

나. 피해자는 수사기관에서 ‘피고인과 말다툼하다 피고인이 오른손바닥으로 제 뺨을 3대 때렸다’고 진술하였는데, 이 법정에서는 ‘피고인이 제 뺨을 한두 대 정도 때렸고, 발로 배를 찼다’고 진술하였고, 당시에 안경을 착용했냐는 변호인의 신문에 ‘안경을 착용하고 있었는데 안경이 날아가 땅바닥에 떨어질 정도로 세게 맞았다’고 답변하였는바, 피해자의 진술은 피고인으로부터 폭행을 당한 횟수나 부위에 관하여 일관성이 없고, 안경이 떨어질 정도로 세게 맞았다면 당시 현장에서 다툼을 말리거나 목격한 위 F과 G가 이를 보지 못했다는 것은 납득하기 어려운 점에 비추어 피해자의 진술을 그대로 믿기 어렵다...