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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding the defendant did not assault the victim and did not have the intent to commit the crime of violence.
B. The Defendant’s act of misapprehension of the legal principles is dismissed as an act that does not violate the social rules.
2. The summary of the facts charged of the instant case is that “the Defendant, at the entrance of B 1st floor around October 2017, 2017, carried out inside the said building for the purpose of unfolding the believers of the church reform council and the joints of the iron bars from the entrance of B 1st floor, but the opposing members, such as the victim C (the victim C et al.) committed assault on the victim by having the victim go beyond the victim’s right bridge by cutting down the Defendant’s hand.”
The following circumstances revealed by the evidence on the record: ① Around 16th of the video CD, immediately after the complainant resisted about what the complainant got to the defendant, the complainant went to the lower left side of the screen; ② Around 34 seconds after the complainant continued to go to go to the left side, the complainant’s hand over the son’s head to the left side, and immediately after the complainant went to the right side of his hand to the right side of his name, the complainant went to the left side.
As can be seen from the perspective of entering the door, even if the defendant had a physical contact with the complainant at the time, it cannot be confirmed that the complainant was in excess of the situation, and the reason that the complainant was in excess of the time is due to the loss of the complainant or by many people, and it cannot be readily concluded that the defendant's action to rescue his body was in contact with the complainant's body at that time. However, the complainant's body cannot be concluded at the court of original instance that only the defendant committed only one assault at the court of original instance and the defendant's body was pushed ahead of the witness's right bridge.