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The defendant is innocent.
Reasons
1. On October 1, 2017, the Defendant, at around 15:50, committed a dispute with the victim C (25 years of age) and the floor noise living in the upper house at the Defendant’s residence of B apartment house in the Gyeonggi-si, Gyeonggi-do, the Defendant committed assault against the victim one time by drinking his shoulder.
2. At the time of determination, at the case site
D (A) in the court of law, ‘A defendant's behavior to c was committed, but his arms were used by the defendant in the middle, so it was not a situation that the defendant could be used for drinking because he had been able to do so.
As stated in the purport that “.......”
C On October 1, 2017, on the date of the occurrence of the case, the defendant tried to assault himself.
In the process, a statement was prepared and submitted to the effect that the Defendant’s child was prevented from attempting to prevent the Defendant’s child, and that the Defendant’s child was coming back later.
This seems to be consistent with D's legal statements.
In this regard, C was investigated by the police on October 14, 2017, and the protocol prepared by the police was subject to three-time assault.
The protocol prepared after the investigation was conducted on November 11, 2017, stating that “the Defendant brought a shoulder by drinking.”
“..........”
On the other hand, C is unsatisfying the specific process of violence, such as whether he/she was drinking, in the court.
In light of the fact that the Defendant made a statement to the effect that “the Defendant made the shoulder of C one time by drinking,” as well as the fact that it was between the common sense and the common sense.
In a case where the same situation as indicated in the facts charged (in addition, the indictment does not specify whether the right shoulder is broken or the left shoulder is broken) occurs, it seems that C would be able to feel that he would be able to feel that he would have a shoulder and memory as a drinking.
In light of the above facts and circumstances, the instant case.