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The Defendants, not guilty, publicly notified the summary of the judgment against Defendant A.
Reasons
1. Summary of the facts charged
A. At around 12:30 on August 13, 2012, Defendant A assaulted the victim E-buckbucks in front of the corridor No. 604, 605, 605, for the victim E-bucks.
B. At around 12:30 on August 13, 2012, Defendant B made intimidation to the victim E before the victim’s corridor No. 604, 605, 605, “I sway, sway, string, and string. I am early,” while taking a bath.
2. Determination
A. It is not sufficient to recognize the fact that Defendant A committed an assault against Defendant E solely by the witness E’s legal statement on the point of assault, and there is no other evidence to prove it otherwise.
(A) The witness F’s legal statement cannot be used as evidence in accordance with Article 316(2) of the Criminal Procedure Act. (b) The witness F’s legal statement did not see that the Defendant A was an assault, and that he was an assaulted by E.
In light of the following circumstances acknowledged by the record of the judgment on intimidation, namely, (a) before the date and time of the instant facts charged, E continued to take a trial expense and damage his property, etc.; (b) E took a bath to the Defendants’ house at the time of the instant facts charged; and (c) Defendant B took the same bath as the facts charged in the course of appraisal; and (d) Defendant B continued to take a bath to the degree that Defendant B would have caused the actual fear to E, solely based on the evidence submitted by the prosecutor, it is insufficient to acknowledge that Defendant B was given the notice of harm and injury to the extent that it could cause the actual fear to E; and there is no other evidence to acknowledge it otherwise.
3. According to the conclusion, the facts charged in the instant case against the Defendants constitute a case where there is no proof of facts constituting the crime, and thus, the Defendants are acquitted under the latter part of Article 325 of the Criminal Procedure Act and the summary of the judgment against Defendant A is publicly announced under Article 58(2)