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(영문) 광주지방법원 2020.12.10 2020고정433

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants are innocent.

Reasons

1. The summary of the facts charged, around 01:35 on December 16, 2019, the Defendants came to have a dispute with the victim F (the 36-year-old age), who had drinking alcohol on other tables, while drinking alcohol together within the E-place in the Gwangju Mine-gu, Gwangju.

Defendant

A (hereinafter referred to as “A”) the victim gets the head of the defendant, thereby leaving the head of the victim in his/her hands, and the defendant C, the defendant B, and the defendant B (hereinafter referred to as “B”) (hereinafter referred to as “B”) have left the victim’s head.

As a result, the Defendants jointly inflicted injury on the above victims, such as salted tensions and tensions that require approximately two weeks of treatment.

2. Determination

A. The Defendants and their defense counsel asserted that they got the head of A and got up to Defendant A, and Defendant B and C only attempted to speak the victim’s assault and remove the victim and Defendant A, and they did not jointly assault or injure the victim.

B. Determination 1) In a criminal trial, the prosecutor bears the burden of proving the criminal facts charged in the criminal trial, and the finding of guilt must be based on evidence with probative value sufficient for the judge to have a conviction that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest as the defendant's interest (see, e.g., Supreme Court Decision 2006Do735, Apr. 27, 2006). 2) Each statement made by the victim's court and investigative agency, which corresponds to the facts charged in the instant case, by the evidence and pleading, can be seen as follows: (i) G, the main owner of the E branch in which the instant case occurred, was present in the court, and the victim appeared to go beyond the victim's money without any justifiable reason, and the victim was able to take the head of the Defendant A and C.