The defendant shall be innocent.

1. 공소사실의 요지 이 사건 공소사실의 요지는, 피고인은 2014. 7. 3. 22:50경 서울 서초구 C 앞길에서, 피해자 D이 피고인의 체육관 건물 내 1층 계단에서 담배를 피운 것에 대해 피해자를 나무라던 중, 피해자가 반말을 한다며 항의하자, 격분하여 한손으로 피해자의 멱살을 움켜잡고, 다른 한손으로는 주먹을 쥔 채 얼굴을 향해 때릴 듯한 태도를 보이며 “이 씨발, 죽여버린다”며, 건물 벽쪽을 향해 세차게 밀쳐, 피해자의 어깨부분을 벽에 부딪히게 하여 피해자에게 약 2주간의 치료를 요하는 우측 견관절부 찰과상 등의 상해를 가하였다는 것이다.

2. The evidence as shown in the above facts charged lies in witness D and E’s each legal statement, police interrogation protocol of D police interrogation protocol (influence of injury diagnosis and photo attachment), police protocol of E, and written statement of D.

First of all, it is difficult to believe the above D’s statements or the documents containing them for the following reasons.

(1) The statements made in the investigation agency and the court of justice of D are not consistent.

D: The first police statement was made that the Defendant was faced with the toilet door by being in front of the toilet and the Defendant was faced with him. The facts charged in this case are that the Defendant was injured by the Defendant from the outside of the building to the outer wall of the building, and the trial process at the front corridor of the toilet was not included in the facts charged in this case.

When the prosecutor makes a statement outside the building, the defendant was frightened, and the head was frightened, and the head was frightened against it, and the defendant was frightened on the wall side of the toilet by pushing the frighten. In the case of a witness statement in the court, the question was only in the building, and there was assault such as frighten and frightening outside the building.