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(영문) 의정부지방법원 2015.07.16 2014고단2810

폭력행위등처벌에관한법률위반(공동상해)

Text

The defendant shall be innocent.

Reasons

1. On December 13, 2013, the summary of the facts charged was jointly with the names of the victims E (the age of 45) who were drinking in the “Dp” in the Namyang-si, Namyang-si on December 13, 2013.

The above-mentioned person who is not aware of the victim's name shall take the victim's face at a time and take the victim's face out of the above heading house, and the defendant took the victim's face by combining it.

As a result, the Defendant inflicted injury on the victim, including No. 7 and No. 8 on the left-hand side in need of medical treatment for about five weeks in collaboration with the person who was not the victim of his name.

2. Determination

A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

B. The Defendant consistently asserted that, from the police to the court of law, at the time of the injury inflicted upon E by the unsatisfyed person, the Defendant only satisfying off the Defendant, and did not inflict any injury upon E in collaboration with the unsatfy person, and denied the facts charged in the instant case.

Therefore, in light of the following circumstances that can be recognized by the records, there are witness E, F’s each legal statement, police statement on E, and F, F’s written statement, CCTV image, and injury diagnosis statement, etc. as evidence consistent with the facts charged in the instant case, it is insufficient to recognize that the above evidence alone committed an injury to E in collaboration with the person in whose name the defendant was not injured, and there is no other evidence to acknowledge it.

Witness

E's overall purport of the E's statement is whether it is against one who has no mind at the time.