The defendant shall be innocent.

1. On November 7, 2012, the Defendant: (a) around 17:50 on November 7, 2012, the Defendant: (b) obstructed the victim’s chest by hand while demanding refund within the “E” mobile phone music store in Yeongdeungpo-gu Seoul Metropolitan City; (c) the victim F (F) who was the customer who was going to demand refund; and (d) the victim’s chest was pushed.

Accordingly, the defendant committed assault against the victim.

2. The defendant and his defense counsel asserts that although the defendant suffered a breathous loss in order to prevent the victim from entering the store, the victim only had a contact with him by keeping him in body, and that the defendant did not have a bruption of the victim by hand.

On the other hand, there is only the victim's statement that corresponds to the above facts charged, and the victim made a statement to the effect that "the defendant was pushed the victim's chest while drinking the victim's chest, continued to break the chest until the police was called, and the defendant was pushed the victim's chest even after the police was called," but the above statement was hard to believe it in light of the witness G, H's statement, the police officer's statement at the time of call, and the subway station situation at the time of the occurrence of the case, and there is no other evidence to acknowledge it.

Therefore, the facts charged in this case constitute a case where there is no proof of facts constituting the crime, and thus, is acquitted under the latter part of Article 325.