beta
(영문) 서울북부지방법원 2012.10.25 2012고정42

상해

Text

Defendants are not guilty.

Reasons

1. Facts charged;

A. Defendant B: (a) around August 15, 201, around 23:30 on August 15, 2011, Defendant B, while drinking alcohol together with F and Victim A at the Jung-gu Seoul Metropolitan Government E restaurant, Defendant B became an issue that F would take a look at the victim A’s telephone.

그러던 중 피고인 B은 피해자 A의 멱살을 잡고 식당 밖으로 끌고 나가 다리를 걸어 넘어뜨리고, F는 정신을 차리고 일어서려던 피해자 A의 옆구리를 발로 약 5번 걷어찼다.

As a result, Defendant B, in collaboration with F, suffered bodily injury, such as double heart heat, and pelvisa, which require the victim F to provide four-day medical treatment.

2. Defendant A inflicted injury on the victim A, at the time and place indicated in paragraph (1), on the part of the victim B, such as flag, knee and knee, and flag, with which the treatment period cannot be known to the victim B, on the part of the victim B.

2. Defendants’ assertion

A. Defendant B did not wrap with A, and only F was wraped by Defendant B, and Defendant B was wraped by Defendant B, and Defendant B was merely womed out of the restaurant and was womd with A in order to fight F and A’s fighting.

B. The breath of the breath to Defendant A, which was led out of the restaurant, was turned over.

3. Determination

A. As evidence consistent with the facts charged against Defendant B, there are statements made between A and F in an investigative agency and a court, and its main purpose is as follows.

① On August 15, 2011, “A”’s statement was made by telephone, and the same day was followed by F and Defendant B and F. However, F continued desire, Defendant B and Defendant B could not be able to do so, and Defendant B was able to go to the remainder of the upper limit of the term. Defendant B her dump and dumpeded.

② On August 15, 2011, F’s statement made to A, expressed a desire to be able to communicate with her friendship, and on the same day, A accepted it as a bad and misleading.