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(영문) 울산지방법원 2015.01.28 2014고단2589
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

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

Reasons

Punishment of the crime

1. On February 19, 2014, the Defendant was sentenced to six months by the Ulsan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the execution of the sentence was terminated on April 20, 2014 at the Ulsan District Court.

Around 02:00 on July 10, 2014, the Defendant performed a contact loan, such as victim F (n, age 39) with E, etc., in a "Dnoman bank" located in Ulsan-gu, Ulsan-gu, Seoul, and performed a horse fighting at the expense of the above E and the small Silverb, the Defendant saw the victim's head to be a beer who is a dangerous object in the table of the table of the table, and caused the victim to undergo approximately two weeks of treatment.

2. In the evidence as shown in the facts charged in the instant case, there are the victim F’s protocol of statement on July 10, 2014 concerning the victim F, the police statement on July 10, 2014 concerning G, the police statement on July 10, 2014 concerning G, and the investigation report that heard the statement of H in the drinking house, and the details of the 112 reported case handling.

However, in full view of the following circumstances acknowledged by the record, the above evidence cannot be deemed to have been trusted, or the above evidence alone cannot be deemed to have been proven to the extent that there was a reasonable doubt as to the Defendant’s head of the victim’s disease as stated in the facts charged in the instant case.

① In the police investigation conducted immediately after the instant case, the victim and G stated that “the Defendant was at the time of the victim’s head due to beer and beer,” but thereafter, did not witness the victim due to any circumstance at the time of the prosecutor’s investigation and this court’s appearance as a witness. In the police investigation, the statement in the police investigation reversed the statement by testimony to the effect that the statement was derived from the abstract side or made a wrong statement, and all other persons at the outside scene suffered injury due to any circumstance.

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