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(영문) 서울북부지방법원 2020.06.19 2019노1739

상해등

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The defendant above.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not assault the victim jointly with B, as described in this part of the facts charged, by preventing the victim from entering the toilet at the time when the victim was towed to the toilet, and then preventing him from entering the toilet at the time when the victim was towed to the toilet.

2. Determination

A. On September 19, 2012, the Defendant and B charged with the violation of the Punishment of Violence, etc. Act (joint violence) indicated as follows: (a) around 19:30 on September 1, 2012; (b) around 2:0, the Defendant and B put the victim to the victim E, who was seated, “I want to kill him/her,” and (c) put the victim’s face at one time, she displayed the victim “I want to kill him/her, her,” and she saw him/her to the toilet located at about 5 meters, she saw him/her into the toilet, pushed him/her into the toilet, prevent the victim from entering the toilet; and (d) B she conspiredd the victim with the victim by drinking the victim’s spath and drinking him/her with the victim’s face.

B. The evidence that conforms to this part of the facts charged by the lower court duly adopted and investigated lies in the statement of the police officer (No. 10) to J and E, the file image of the case video CD (No. 15), and the protocol of examination of the witness to E (No. 23, 2019) (No. 31) among the video CD (No. 15).

【Investigation Report (Attachment of CCTV printed out of CCTV taken by the scene of violence), Investigation Report (Examination of CCTV Confirmation on September 1, 2012), Investigation Report (Examination of Recognition of Joint Violence Crime Investigation Report on September 1, 2012), Investigation Report (Report on Results of Examination of Records) is merely an abstract of part of the above case’s CD, or an independent statement of opinion or evaluation by an investigation agency, and it is difficult to view that there is an independent value of evidence.

The court below erred by misapprehending the legal principles.