The defendant shall be innocent.

1. On September 29, 2013, around 01:10 on September 29, 2013, the Defendant assaulted the victim on the ground that the victim E (the age of 51) was in a 5 studio located in Busan Jin-gu, Busan, on the ground that there was a shot in order to compromise the former victim E (the age of 51).

2. The Defendant asserts that there was no fact of assaulting E from the date of investigation conducted by an investigative agency to the date of this court.

As evidence consistent with the facts charged in this case, E’s statement was made at the investigative agency and this court but recognized by the record, namely, the following circumstances: (i) witness F and G at the present site stated that there was no assault against the victim as shown in the facts charged in each court; and (ii) the victim accused the Defendant on September 28, 2013, which was the preceding day of the instant case, due to the fact that he suffered an assault and injury from the Defendant; and (iii) in light of the fact that the judgment of innocence was rendered (Supreme Court Decision 2014Ma828, August 21, 2014) and the judgment became final and conclusive in the said criminal case, it is difficult to believe the above E’s statement as it is, and the remaining evidence submitted by the prosecutor alone is insufficient to deem that there was no reasonable doubt about the facts charged in this case, and there is no other evidence to acknowledge the facts charged in this case.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered under the latter part of Article 325