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(영문) 청주지방법원 2016.10.25 2015고단1899

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On September 28, 2015, the Defendant: (a) around 21:40 on September 28, 2015, the charge: (b) paid to D’s accommodation located in Jincheon-gun, Jincheon-gun, Einice A 103; and (c) paid to D the Defendant medical expenses, etc. for D’s previous injuries; (b) the victim F(52 years old), who is the wife of D’s deadly weapons, f., the victim’s flag (25cm in length) was replaced by D’s deadly weapons; and (c) the victim’s f.e., the victim’s f., the victim’s f.b., the victim’s f.e., the victim’s f., the victim’s f.b.

2. It is difficult to view that the evidence submitted by the prosecutor, including the statement of victim D and victim F, alone, is sufficient to prove that the defendant had the intention to injure, to the extent that there is no reasonable doubt.

(1) In this court, the victim testified to the effect that “the body fighting between the Defendant and D is laid down on the floor after the Defendant was laid on the floor.” The Defendant testified to the effect that the knife is his knife and the knife is knife between the Defendant’s hand knife and (victim) knife the knife between the Defendant’s knife and the (victim) knifebbbbbs. In that process, the victim could have knife with the knife. The Defendant knife with the knife and knife and D had no knife

The victim made a statement to the same effect in the investigative agency.

(2) The investigation agency testified that “A defendant was present with a knife knife and knife the left part of the victim at once.” However, the investigation agency testified to the effect that “A defendant was not aware of the victim’s failure to directly regard the victim as a knife” in this court.

(3) In light of the fact that the Defendant first was assaulted by D and reported to the police, and the investigation of this case started, the Defendant, as alleged by the Defendant, was unaware of the victim’s knife at the time of filing the report as above.