The defendant shall be innocent.

1. 공소사실 C은 2013. 9. 27. 01:45경 수원시 영통구 D 앞 노상에서 피고인과 금전문제로 다투다 서로 시비가 되어 양손으로 피고인을 수회 밀치고 무릎으로 피고인의 다리 및 복부 부위를 수회 걷어 찼고, 이에 피고인은 양손으로 C의 목 부위를 밀치는 등 C을 폭행하였다.

2. In light of the fact that the witness E, who is judged to be an objective third party in the judgment, appears as a witness in this court, and “C unilaterally committed an assault against the defendant, and the defendant has a hummatic dancing with his hand to the extent that C does not escape. In order to prevent the continuous assault of C, it is reasonable to deem that the defendant only contacted with C in order to prevent the assault of C, and that he did not have any intention to commit an assault against C, and there is no other evidence to acknowledge the facts charged of the instant case.

3. In conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered under the latter part of Article 325 of the