The defendant shall be innocent.

1. The Defendant is a person who operates a “D” restaurant.

피고인은 2012. 9. 13. 00:00경 서울 강남구 E에 있는 위 식당 앞 노상에서 일행들과 함께 위 식당에서 술을 마시고 나오던 피해자 F(58세)가 출입문 바닥에 깔려 있던 발판을 발로 걷어찼다는 이유로 시비하던 중 양손으로 피해자의 멱살을 잡고 뒤로 밀어 바닥에 넘어뜨려 피해자에게 약 4주간의 치료를 요하는 신경실행증, 경추염좌, 허리부위 통증을 유발하는 상해를 가하였다.

2. The gist of the Defendant’s defense is consistently changed to the purport that the Defendant did not depict the victim’s breath by cutting down his flaps from the police to the prosecutor’s office and this court, and that the victim flaps the Defendant’s flaps from the direction of the police to the police.

3. Determination

A. The evidence that corresponds to the facts charged lies in the police of the victim F, the prosecutor's office, the court's statement, and the witness G, H and I's police statement, the above G, H and I's prosecutor's statement, and the above G, H and I's respective legal statements.

B. We first examine witness evidence of G, H, and I as to each statement evidence of G, H, and I.

In each police statement, each police statement states that the defendant collectively sought the victim with his behavior, and it is not reliable because the "the defendant got the victim to breath" was not only the above facts charged but also the defendant's violent attitude in comparison with his own legal statement.

The prosecutor's statement, G, H, and I's respective legal statements of H are inconsistent with each other's witness J, K, and L's respective legal statements, G, H, and I's working in the "D" restaurant operated by the defendant with the victim at the time, and G, H, H, and H.