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The defendant shall be innocent.
Reasons
1. On July 11, 2013, at around 11:45, the Defendant: (a) committed assault against the victim’s head four times on the part of the victim’s hand on the ground that “D” in front of the Seoul Northernbuk-gu, Seoul Northern-gu, for the reason that the victim E is interfering with the passage of the FIsttop vehicle parkeded by the Defendant, on the ground that the victim E would interfere with the passage of the FIsttop vehicle parked.”
2. In light of the voluntary report prepared by the police officer of 112 mobilization, the Defendant had consistently denied the police officer’s mobilization at the time of the instant case, and had shown an attitude to consistently deny the fact of the assault and to confirm the situation, and there was no investigation into the trace of the assault or witness on the spot.
A witness G (victim E also stated that G was a witness in this court) was present at this court, and the defendant and the victim E appeared as a witness, and there was a brucence between the defendant and the victim E, but the defendant stated that there was no doubt that assaulting the victim E as in the facts charged.
The victim E tried to secure a black image of a vehicle on the spot, but G argued that it would not inform the driver of the vehicle. However, according to the police officer H's statement called the site of this case, the driver of the vehicle was unable to secure the black image because it was difficult for the driver of the vehicle, and the victim E did not claim that he was the head of the vehicle and the Defendant was the Hungary when called at the site.
(No. 43 to 45 of the Investigation Records). If there are circumstances, it is insufficient to readily conclude that the Defendant committed the instant crime without any additional evidence by reliance on only the victim E’s statement, which is likely to have made an exaggerated statement due to the ethic personality of the Defendant and the ethic personality of the ethical health. There is no other evidence.
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