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(영문) 서울북부지방법원 2016.02.18 2015고정1114
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant shall be innocent.

Reasons

1. Around 03:40 on August 1, 2014, the Defendant jointly carried out with E, who was in charge of cleaning the victim F. (51) who was a self-support recipient of the Dong office, who was in charge of cleaning the surrounding area after drinking alcohol, and was in charge of cleaning the victim F. (51) who was a self-support recipient of the Dong office, while drinking alcohol, such as the above E, around 03:40 on August 1, 2014, the Defendant saw the victim’s face and face, etc., and caused two heats where the victim’s number of days of treatment cannot be identified.

2. The following circumstances acknowledged by the record of judgment: (i) the F made a statement at an investigative agency to the effect that “one person has flicken, having flicked, having flicked, having flicked, having flicked, having flicked,” and “the majority of the Defendant had been engaged in flicking, having been engaged in flicking, having been flicked,” and “the first person having flicking and having flicking with flicking with the person having flicking in flick was clearly seen at the court,” and (ii) the F made a face of F in F, “I think that the Defendant was a person who committed such act,” and “It is not possible to identify that person who was in short of Flicking, having been in short of Flick’s face, etc.” on the sole basis of evidence submitted by the prosecutor, etc.

Therefore, since the facts charged in this case constitute a case where there is no proof of crime, the defendant is acquitted by the latter part of Article 325 of the Criminal Procedure Act.

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