The defendant is innocent. The summary of this judgment shall be notified publicly.

On June 25, 2017, at around 11:50 on June 25, 2017, the Defendant assaulted the victim E (36 years of age) and the part of the body of the victim one time, while the Defendant was in a dispute with the victim E (36 years of age) at the accommodation of the 1st floor D staff of Eunpyeong-gu Seoul Metropolitan Government C building.

Judgment

As shown in the facts charged, E makes a statement in this legal and investigative agency.

However, in light of the following circumstances revealed by the evidence duly adopted and investigated by this court, the statement of E alone is insufficient to recognize the facts charged, and there is no other evidence to acknowledge it.

피고인과 E이 사우나 운영과 그에 따른 채권 ㆍ 채무 관계에 관하여 말다툼하다가 E이 피고인의 목을 잡고 흔들며 사우나에서 끌어내려 하자, 피고인이 끌려나가지 않기 위해 발버둥 치는 과정에서 이 사건이 발생하였다 (E 도 경찰에서 ‘ 피고인이 안 나가려고 침대에 걸터앉아 발버둥을 칠 때 자신의 배를 발로 걷어찼다 ’라고 진술하였다). 목격자 F( 사우나 직원) 은 이 법정에서 ‘E 은 피고인을 끌어내려 했고, 피고인은 끌려나가지 않으려 저항했으며, 그 과정에서 피고인이 E의 배를 발로 차는 것은 못 봤고, E이 경찰 조사를 받고 와서 배를 보여주며 배를 맞았다고

The testimony was made to the effect that it was “the talked to talk.”

G (a witness S) stated in the police phone investigation that “Although he/she has observed a dispute about getting out of the E, he/she could not assault him/her.”

Comprehensively taking account of the above statements, the possibility that the defendant's departure in the course of resisting the E's exercise of tangible power would have sold the E's vessels, but the defendant's perception and intent to attack the E's vessels was found to have been expressed by him.

It is difficult to recognize it.

In conclusion, the facts charged of this case constitute a case where there is no proof of crime, and thus, they are acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.