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(영문) 청주지방법원 2017.09.06 2016고단1751
폭력행위등처벌에관한법률위반(공동상해)
Text

The Defendants are not guilty.

Reasons

1. The facts charged against Defendant A and the victim G (V, 46 years old) are as follows: (a) marriage around 1993; and (b) there is a space between Defendant A and the victim G from around 2009 to the present.

On April 12, 2016, around the first floor elevator of the building located in Heung-gu, Chungcheongnam-gu, Cheongju on April 12, 2016, the Defendants observed and followed the appearance of Defendant A and women. “Is these women,”

p. Whether he will be able to do so

“I have heard the language to the effect that “.........”

Accordingly, the Defendants, as well as I and J, were to enter the toilets adjacent to the elevator and concealed the victim, and they were to enter the toilets due to driving away of the above women, and Defendant A was to prevent the victim, and Defendant B was to keep the victim in good hands, and Defendant B was to prevent the victim from entering the toilets due to the two hand and walking the bridge of the victim in several times.

계속해서, 피고인 B 와 피고인 C는 피고인들을 뿌리치고 화장실 안으로 들어가 “ 문을 열라 ”며 화장실 용변 칸의 문을 발로 차는 피해자의 팔과 몸을 잡아 밀치고 피해자의 다리를 수회 걷어찼다.

As a result, the defendants jointly put the victim about about three weeks of medical treatment into the base for dynasium.

2. Determination

A. Defendant A’s assertion that the Defendants did not use violence by leaving the victim’s scene in which the victim was suffering from the disturbance of Madern, and Defendant B removed the victim who was suffering from the flaps and head flaps of I, and did not exercise violence only by opening the victim’s flaps and head flaps. Defendant C only told the victim’s flaps from the side, and did not have physical contact with the victim.

B. Determination 1) There is a statement by the victim G, a written diagnosis of injury, a victim’s bodily injury photograph, and a hospital’s factual inquiry that seems to be appropriate for the facts charged.

2) However, as examined below, it is difficult to believe the victim’s statement and it is based on other evidence submitted in the instant case, such as the medical certificate of injury, etc.

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