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(영문) 대전지방법원 천안지원 2016.06.09 2015고정1025
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

1. The summary of the facts charged is as follows: Defendant, C, and D are in the direction of HH distance in the vicinity of the G located in the west-gu, west-gu, west-gu, west-gu, in the direction of G with boarding the EM5 vehicle operated by C, with boarding the EM5 vehicle operated by C.

H was in the bypassed from the private distance, and the victim I ( South, 35 years old) was in the direction of the "M" in the northwest-gu L in Yanan-gu, Y, Y and the direction of the "M" in the northwest-gu, Y.

At the time, the victim, as above, tried to take the above vehicle into account on the ground that the above vehicle driven by C was dangerously driven by the above vehicle. The victim expressed the opinion that the weather rings violate signal signals and grow up.

At around April 17, 2015, Defendant, C, and D used an O store located in the north-gu N, Seocheon-gu, Seocheon-gu, Seocheon-si, and on the ground that the injured person took a bath as above, C abused the face, etc. of the injured person on the floor by drinking and launchinging it over the floor when the injured person took a bath, and D and the Defendant combined it with it when the injured person takes a drinking and drinking, and caused injury to the injured person, such as the complete escape, etc. of the bad right-hand side of the upper right, which requires approximately four weeks of treatment.

2. The judgment of the defendant merely stated fighting and did not take part in the assault of the victim.

The charges are denied by asserting that they are facts charged.

Therefore, we examine whether the defendant jointly with C/D inflicted injury on the victim.

A. In a case where the investigative agency violated the procedure prescribed in Article 244-4(3) and (1) of the Criminal Procedure Act by failing to record the investigation process conducted by a person other than the defendant in the course of an investigation, evidence I and J’s written statement are inadmissible (see Supreme Court Decision 2013Do3790, Apr. 23, 2015). (b) barring any special circumstance, the admissibility of evidence cannot be recognized since the written statement is not prepared in the course of an investigation according to “legal procedure and method” (see Supreme Court Decision 2013Do3790, Apr. 23, 2015).

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