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The defendant shall be innocent.
Reasons
1. The facts charged C and the Defendant are pro-Japanese relationship, and the customer boarding a cab operated by the victim D (61 years old, south) is the relationship between C and the Defendant with the victim.
C and the Defendant, along with the daily F (F, 58 years old), boarded village 8 complex located in and near the apartment complex in the Gu-Si of the Government, was boarding a taxi operated by the injured party, and arrived at the H in the Gu-si G on September 29, 2016 at the Government of the Gu-Si around 21:15, around 2016.
C, on the ground that the victim does not stop the taxi at his/her own place at the request, he/she assaulted the victim, such as booming him/her over several times, booming him/her, selling his/her arms several times, and taking the boom of the victim several times due to her head.
Defendant used the victim’s arms on several occasions to get the victim who was on board the taxi driver’s seat on the foregoing date and at the same place as above for the foregoing reasons, and used the victim’s arms to get off the taxi.
Accordingly, C and the defendant assault jointly the victim.
2. Determination
A. "When two or more persons jointly commit the crime of violence" under Article 2 (2) of the Punishment of Violences, etc. Act requires that the two or more persons exist in the so-called co-offender relationship, and that where several persons are aware of the crimes committed by another person on the same opportunity at the same place, and used them to commit the crime (see Supreme Court Decision 95Do1642 delivered on February 23, 1996). (b) The following circumstances recognized by the record, such as a health stand, a black image installed in the instant taxi, i.e., ① are seated on the rear seat of the taxi.
C When the victim gets off a trial cost and continued to take the following bath, assaulted the victim by taking the victim her head as her head, and the victim took a bath in response thereto, and the victim took a bath in response thereto. ② The Defendant her boomed the victim from the back her seat while taking the bath at the victim.