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(영문) 광주지방법원 해남지원 2015.01.21 2012고단276
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Facts charged;

1. On May 15, 2012, at around 22:18, the Defendant jointly committed a crime with C, and around 22:18, the victim F (the age of 47) was hicked while taking a bath at Ecafeteria located in Jeonnam-Namnam-gun D, and C took the victim’s face two times with the victim’s eye, and approximately 3:4 times with the victim’s finger, and the Defendant took the victim’s face at around 3:4 times in drinking, and took the victim’s breath by hand, and taken the victim’s face outside of the said restaurant, and took about 3-4 times in drinking.

As a result, the defendant jointly with C, caused approximately two weeks of treatment to be performed by the victim, such as the internal and internal organs and tissues.

2. The Defendant’s sole criminal defendant, at the same time and place as that of paragraph 1, stated that the empty beer’s disease, which is a dangerous object for the foregoing reasons, should be taken off from the table to the table, and then the victim F, as the victim F, was cut off.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. Determination

A. At the time of criminal investigation, the Defendant stated that C and the victim were assaulted and recognized the facts charged of the instant case in a situation where he/she did not memory under the influence of alcohol at the time of criminal investigation, but in fact asserts that there was no actual assault by the victim.

B. First, the third police interrogation protocol of the defendant prepared by the assistant judicial police officer and the third police interrogation protocol of the police interrogation protocol of the defendant C, who is the accomplice, cannot be admitted as evidence because the defendant did not admit the contents and cannot be admitted as evidence.

In addition, the protocol of interrogation of the accused by the prosecution, the statement in this court and the statement in investigation agency of the victim F are the same as the victim F is not the person who has committed an act of assaulting the accused at the time of making a statement, and the testimony is made that the accused was not the person who has committed an act of assaulting the accused at the time of making a statement at investigation agency.

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