The defendant shall be innocent.

1. On November 19, 2017, the Defendant: (a) around 20:00, on the ground that the victim D (year 51) was under the influence of alcohol at the C Game site located in Eunpyeong-gu Seoul Metropolitan Government, and was assaulted by having the victim d (year 51) towed the victim’s flab, leading the victim into the entrance stairs of the said entertainment room, leading the head into the wall.

2. 판단 피고인이 피해자를 폭행하였다는 직접적인 증거로는 피해자 D의 수사기관에서의 진술이 유일한데, 위 진술은 ‘( )뒤에서 다리를 걸어 넘어뜨리고 멱살을 잡아 목을 졸랐습니다. 그러면서 계단에 머리를 박아서 아픕니다(수사기록 8쪽)‘, ’그냥 나를 때려서 제가 계단에 넘어져 다쳤어요(수사기록 59쪽)‘, ’제 뒤에서 제 다리를 걸어 넘어뜨리고 멱살을 잡아 목을 졸라서 계단에 머리를 박아서 다친 사실이 있습니다(수사기록 50쪽, 증거목록 순번 23)‘는 것이어서 내용이 일관되지 않고, 이 사건 공소사실에 기재된 폭행의 태양과도 일치하지 않는 부분이 있다.

On the other hand, in the investigation agency and this court, the defendant stated that the victim was faced with the entrance of the game room when the victim was able to flick and flicked with the defendant, and that the victim was flicked alone, and that the victim was flick with the victim's statement in E and F investigation agency.

In full view of these circumstances, it is difficult to believe that the victim D’s statement is in trust.

The remaining evidence submitted by the prosecutor alone is difficult to view that the facts charged in the instant case were proven without reasonable doubt, and there is no other evidence to acknowledge it.

3. According to the conclusion, the facts charged in the instant case constitute a time when there is no proof of crime, and thus, acquitted under the latter part of Article 325.