폭력행위등처벌에관한법률위반(공동상해)
The defendant shall be innocent.
1. On November 3, 2011, around 21:17, the summary of the facts charged lies in drinking at the 103-dong Da apartment 103 parking lots of Seo-gu Daejeon, Seo-gu, Daejeon, at once, the victim E(32 years of age). The victim’s back water can take time, and the victim’s back water goes beyond the left side of the victim.
As the victim occurred, the defendant got off the victim's left side buckbucks one time, followed the victim's buckbucks, and C took the victim's bucks one time, and C took the victim's bucks one time by drinking.
As a result, the Defendant, in collaboration with C, inflicted injury on the victim, such as non-furnites, climatics, and dume, which require medical treatment for about 28 days.
2. Determination
A. As to whether the Defendant inflicted injury on the victim jointly with C, “at least two persons jointly” under Article 2(2) of the Punishment of Violences, etc. Act requires that the two or more persons exist in so-called co-offenders relationship, and that there are cases where several persons are aware of another person’s crime in the same opportunity at the same place and used it to commit a crime.
In light of the following circumstances acknowledged by the records, etc., the police officers and legal statements of the victim as if they were fit to the facts charged against the defendant are difficult to believe. Other evidence submitted by the prosecutor alone is insufficient to deem that the defendant and C knew another person's crime in the same opportunity at the same place and used it to commit a crime, and there is no other evidence to support this point.
(1) The victim in the police refers to "the victim's wife and security guards, etc. who can fight with excessive fighting," and the victim's wife was in excess of the victim's left bucks and the victim's wife and the victim's wife were in excess of the victim's bucks with the left side of the victim's left bucks.
“Statement” has been made in this Court.