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(영문) 서울중앙지방법원 2014.05.16 2014고정142

폭력행위등처벌에관한법률위반(공동폭행)

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was as follows: (a) around 22:45 September 12, 2013, the Defendant, along with C and D, prevented a victim from driving a G taxi on the front of Jongno-gu Seoul, Jongno-gu Seoul E-Road, thereby hindering normal operation of the taxi, thereby hindering the victim’s resistance.

D, as a result, he saw up on the siws of the victim and flaps, and flaps of the victim. The defendant took 2 to 3 times in drinking the victim's face and chest, and C took off the victim's face and chest, and C took a serious bath to the victim.

Accordingly, the Defendants jointly committed violence to the victims.

2. Determination

A. The defendant's assertion asserts that the defendant only told himself from the investigative agency to this court that he did not commit an assault, such as what is written in the facts charged.

B. We examine whether the Defendant “the victim’s face and chests are 2 to 3 times” as stated in the facts charged, and there was a statement in the victim’s investigative agency as evidence that seems consistent with the above facts charged and a partial statement in this court in this court. However, this court stated the following circumstances or facts, which can be acknowledged by evidence duly adopted and investigated by this court, that the victim suffered a white room. However, at the time, the Defendant was suffering in the color room (63 pages of the investigation record), and the on-site timberer also stated that the victim was not able to go through the victim’s head and kid by the victim’s telephone conversation with the investigative agency, which appears to be referred to as “the victim’s day-to-day”, and the victim was not certain in this court, but actively offered the victim’s failure at the time.