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(영문) 서울서부지방법원 2013.05.15 2012고단2422
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The defendant is innocent.

Reasons

On September 13, 2012, on September 13, 2012, the defendant in the factory room received the front gate part of the YFH car driven by the victim and the right front part of the YFH car driven by the victim in front of the left-hand part of the YFHH car, which is a dangerous thing that the victim C (39 years of age) helps the defendant to sound the light.

In this respect, the defendant carried dangerous objects and assaulted the victim.

However, (1) The criminal defendant is presumed not guilty until a judgment of conviction becomes final and conclusive (Article 27(4) of the Constitution of the Republic of Korea). The conviction in a criminal trial shall be based on evidence with probative value sufficient to cause a judge to have a reasonable doubt that the facts charged are true and true to the extent that he/she has no reasonable doubt.

(2) The issue of whether a certain thing constitutes “hazardous thing” as prescribed by Article 3(1) of the Punishment of Violences, etc. Act shall be determined depending on whether the other party or a third party could cause harm to the life or body of a person when using the thing in light of social norms (see Supreme Court Decision 2002Do5783, Jan. 24, 2003). Such determination criteria apply likewise to cases where a person inflicts harm on the life or body of a person, or damages another person’s property by using a motor vehicle (see Supreme Court Decision 2007Do3520, Mar. 26, 2009). (3) First, the fact that a victim C (the age of 39) raised a warning to the defendant, which is a witness, was merely the victim’s radio conjection, and the defendant’s testimony from this court was divided into the defendant’s testimony from this court.

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