Acquittal of the Defendant

1. On July 25, 2016, the Defendant: (a) committed assault on the part of the Victim E (the 28 years old), a convenience store employee, on the front side of the D convenience store located in Kimhae-si, Kimhae-si, on the ground that he did not sell this alcohol; (b) on the part of the victim, the Defendant her left chest part of the son was pusheded twice in a bridge and bridged on two occasions; and (c) assaulted the victim.

2. The identity of the facts charged or the facts charged is determined based on the Defendant’s act and social factual relations with the view to the legal function of the identity of facts (see, e.g., Supreme Court Decision 2009Do10506, Jul. 28, 2011). According to the records, the Defendant was judged on December 5, 2016 by the court of the Changwon District Court of the Changwon-si, Kimhae-si, in other words, a fine of KRW 100,000,000 for the violation of the Punishment of Minor Offenses Act, and the final judgment becomes final at that time. In other words, the facts charged in the final judgment, “The Defendant committed an act of disturbing drinking at D convenience stores located in the Kimhae-si, around July 22:55, 2016 (the road name address at Kimhae-si).

"In fact, 112 Report Processing List (the 38th page of the investigation record) states that "The defendant under the influence of alcohol requests alcohol to D convenience store E (the same person as the victim of the official death room) in F and takes a bath and avoid disturbance," with regard to the detailed contents of the act of disturbance of drinking disturbance.

According to the facts found above, the criminal facts of the trial and the facts charged of this case are close to the date and place of the crime, and all of them are conducted in the process of demanding the defendant to sell alcohol to the victim. Thus, the criminal facts of the trial and the facts charged of this case are identical to the basic facts.

Therefore, the above decision is binding on the facts charged in this case, and the facts charged in this case constitute a final judgment, and thus, the defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.