The defendant shall be innocent.

1. The Defendant was in a marital relationship with the victim B (the victim, the 22 years of age).

On May 12, 2017, the Defendant: (a) around 13:05 on May 12, 2017, at the distance prior to the high-luminous color distance in Suwon-si, the Defendant: (b) moved the victim B, without the consent of the Defendant, to move the son (2 years of age), who is an infant between the two child care centers, and to board the victim’s seat; (c) was overtaken the said D’s vehicle with the EMW car owned by the Defendant; and (d) was shocked by the Defendant to block the D’s vehicle.

The defendant cited 30 cm, which is a dangerous thing in the vehicle, and 'the victim is dead', and the above 'the victim is dead', and 'the loss' has been displayed on the victim by hand.

In this respect, the defendant carried a dangerous article, and assaulted the victim.

2. Determination

A. The evidence that seems to correspond to the facts charged in the instant case lies in the statements made by B and D investigative agencies, and in the F.

However, each of the above evidence is difficult to believe for the following reasons or is insufficient to recognize the facts charged in the instant case.

1) F는 수사기관에서 피고인이 망치를 들고 협박을 했다는 진술서를 썼으나, 이 법정에서, D이 ‘쟤(피고인) 뭐 들었다.’라고 이야기하는 것을 들었지만 본인은 D의 차에서 내리지 않아서 피고인이 망치를 휘둘렀는지 직접 목격하지 못했다고 진술하였다. 따라서 F의 진술서는 이 사건 공소사실을 인정하기에 부족하다. 2) B 작성 진술서, B에 대한 경찰 진술조서를 보면 B는 피고인이 D을 향해 망치를 들고 위협을 가하는 것을 막는 것을 보다가 말리기 위해 내렸더니 피고인이 오른손에 망치를 들고 ‘죽여버린다’고 하면서 위협을 하였다고 진술하였다.

However, according to the police interrogation protocol of D, D, after the defendant gets off his own car with the driver's seat, D left the driver's seat, and the defendant was the difference of D.