The defendant is innocent.

1. The Defendant charged the instant charges on September 2, 2017, on the ground that the victim D(61 years of age) who was a private taxi driver in front of the gas station C in front of the gas station C at the time of light lighting around 00:20, and said D(61 years of age) told the Defendant, who was under the influence of alcohol in the taxi, was breadding the victim’s chest part of the victim’s chest who was landed from the taxi at his/her own expense, committed assault against the victim.

2. Although there is a statement in the court and the police as evidence corresponding to the facts charged in the instant case, it is difficult to believe the facts charged for the following reasons, there is no other evidence to acknowledge the facts charged.

Defendant 1, the Defendant, with a taxi driver, her chests attached to D and a trial examiner

In spite of the fact that the breast part was not sealed by the hand, it was changed that there was no smuggling.

E’s statement that witnessed the situation at the time is also consistent with the defendant’s defense (see, e.g., a report on investigation results and a statement of E), D took place on September 2, 2017 in which the case occurred.

’ 라는 취지의 자필 진술서를 작성하여 제출하였다가, 2017. 9. 5. 경찰에서 조사 받을 당시에는 ‘ 피고인이 제 가슴을 툭 치고 머리 쪽인가를 또 밀었던 것 같은데 너무 순식간에 일어나서 정확히 기억나지 않는다.

“The statement was made to the effect that it was “.”

D There is no accurate memory in the court that “the defendant was tightly ill by his hand.”

“The statement was made to the effect that it was “.”

However, even if considering the fact that a situation alleged by D arose between the common sense, if it is true that D’s assertion occurred, the difference between “whether he or she caused the chest by drinking or by hand,” and it seems to be consistent with experience that D’s statement is inconsistent and consistent with experience, even though it appears that D’s statement is not consistent or experience.

I seem to appear.

3. If so, the facts charged in this case constitute a case where there is no proof of crime, and thus, the latter part of Article 325 of the Criminal Procedure Act is applicable.