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The defendant shall be innocent.
Reasons
1. Around September 20, 2016, the Defendant: (a) served as a manager in the electricity transformation room of the shop underground of the apartment building in Seocheon-si, Seocheon-si; and (b) inspected electric facilities with the employees of the Korea Electric Safety Corporation; (c) served as an electric safety manager; (d) served as the victim D (73 years) of commercial building who entered the said transformation room and carried out an act of raising, unloading, etc. electric location; and (e) served as the victim by bruding the victim in both hands.
2. Determination
A. According to the evidence duly adopted and examined by this court, the following circumstances can be acknowledged.
(1) A victim is a resident of a C apartment commercial building with frequent legal disputes, such as the head of the current commercial building operating committee E, etc., and was in an emotional conflict.
(2) On the date and time stated in the facts charged, the victim entered a commercial underground electrical transformation room where the defendant was inspecting electric facilities together with the employees of the Korea Electric Safety Corporation.
In addition, it returned to the place in a somewhat interested state, and the act of raising and unloading the electric location in that place was conducted.
③ At the time, the Defendant was aware of the victim at all.
The Defendant stated that the Defendant was at risking the victim, and that the Defendant was saved with the part on the part of the victimized person (the Defendant’s statement: 33 pages, 34 pages, 53 pages, and F’s statement: 40 pages of the investigation record) the victim made a statement at an investigative agency that: (a) the Defendant assaulted himself as indicated in paragraph (4); (b) the Defendant was under his hand, and that he was not saved until he was able to do so (in front of the stairs, No. 54 of the investigation record). However, when the Defendant made a statement at this court, the Defendant was saved two times prior to the stairs; and (c) the Defendant made a new statement that was not made at an investigative agency (section 22 of the investigation record).