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(영문) 대구지방법원 2019.09.26 2019고정657

폭력행위등처벌에관한법률위반(공동상해)

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The defendant shall be innocent.

Reasons

1. The Defendant and B are the United States Armed Forces under the jurisdiction of camping.

On February 16, 2019, at around 23:10, the Defendant and B kept the three-story floor of D clubs in Daegu Jung-gu, Daegu-gu, in order to control the victim E (21) who is security personnel of the said club from F, and move out of the said club, the Defendant and B were aboard the elevator, the victim’s face one time as drinking, and the Defendant got off the victim’s chest into the first floor of the corridor one time as blue.

Since then, in the above on the street, the defendant walked the victim's bridge driven by the escapeer B in excess of the victim's bridge, and 3 times as drinking the victim's head, etc. in excess of B, and the defendant divided the victim into kne and kne, and prevented the victim from occurring.

As a result, the defendant and B jointly sustained injuries, such as kneee knee knee knee knee knee knee.

2. According to the evidence submitted by the Prosecutor, although the fact that B was drinking, and the fact that E was inflicted an injury in need of two weeks of medical treatment, the evidence submitted by the Prosecutor alone was found to have committed an act identical to the facts charged.

It cannot be readily determined that the defendant had an intention to inflict an injury on him.

① After the instant case, E stated that the Defendant was at the time of drinking on the 1st floor of the D club. However, according to CCTV images, it is confirmed that the Defendant’s act of removing two persons between the Defendant who built B from the corridor is confirmed, and the face of the Defendant’s main food or arms E is not clearly confirmed.

Although the Defendant had physical contact with E in the above process, it is not determined that the Defendant had the intent to commit such act with the intent to inflict an injury.

(2) There is no evidence to acknowledge that the defendant gets out of the bridge that he gets out of the slope B, there is no evidence to prove that the defendant gets out of the bridge.

(3) According to CCTV images, E is a club.