폭력행위등처벌에관한법률위반(공동폭행)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
An application filed by an applicant for compensation shall be dismissed.
The summary of the facts charged and D are workplace watchers, and around 19:35 on August 10, 2013, the defendant and D were boarding in the subway (one-line) that proceeds from the "necessary mountain direction" and became seated next seat (the elderly) of the victim C (the age of 77).
D While under the influence of alcohol, she returned her body with a mentor, etc. and continued to talk with the Defendant. During this process, she asked the victim to sit immediately with the victim, the victim, and the victim.
Therefore, D, as it is difficult to say that the victim's left hand can be sleeped once, and when the victim gets off the victim's hand after being pushed off the victim's hand, he gets off the victim's knife, let the victim knife, knife the victim's bridge knife, knife the part of the victim's bridge, and knife the victim's face by hand.
한편 피고인은 위 D의 폭행에 합세하여 손으로 피해자를 밀어 넘어뜨리고, 발로 피해자의 복부와 정강이를 걷어 찼다.
Accordingly, the defendant assaulted the victim jointly with D.
Judgment
1. The Defendant consistently asserts that, from the investigative agency to this court, the Defendant only told that D himself/herself was at the time when he/she committed an assault against the victim, and that he/she did not directly commit an assault against the victim.
2. Therefore, the victim's investigative agencies as well as the victim's statements and photographs, the presumption of medical expenses, and opinions are presented as evidence that seem to correspond to the facts charged in this case.
However, according to the following circumstances acknowledged by the evidence duly adopted and examined by this court, it is difficult to believe that the victim's statements are not consistent and credibility is not recognized, such as those contrary to witness's statements recognized as credibility.
In addition, it is reasonable that the defendant, not D, has injured the defendant as stated in the facts charged only with the injury photograph, treatment estimate, and opinion.