폭력행위등처벌에관한법률위반(공동폭행)
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The facts charged in the instant case around February 2, 2013, around 21:16, at the electric train No. 229 of the East 200 Incheon East-gu Incheon 1, the train was in operation between the network and the train’s station, and the Defendant et al. al. slife the music through a sprink within the train while operating the train between the network and the train’s station’s station’s station.
In this regard, the passenger D, which was in the same train, became D and trial expenses, and D reported to the police.
Accordingly, C set a arms to prevent the escape of the victim E, who is another passenger in the train, who is about to escape from the train, from getting out of the train, and C elbows once the part of the victim's right face to the right side of the victim, and the defendant was able to do so only once the left part of the victim's drinking.
Accordingly, the defendant assaulted the victim jointly with C.
2. The court below held that the defendant's statement made by the police of the victim's victim E was almost flive to the evidence that the defendant assaulted the left side of the victim E as stated in the above facts charged. However, in light of the following circumstances acknowledged by the evidence duly admitted and investigated in this court, such as the result of the reproduction of the video CD, the victim reversed the above police's statement in this court and viewed the victim for the first time at this court. The victim reconcepted the above police's statement in this court, "The victim first viewed the video CD at this court. Of the above video CDs, the victim was 21:18:49, and the victim was not the defendant, but the victim was flive by Cheongbane at the time of this case." The victim was not the defendant, and the victim was flive at the time of this case's assault at around 21:18:49, the above video CD on the screen that the victim was assaulted by the victim and the victim at the time of this case's physical operation and the victim.