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(영문) 수원지방법원 2013.10.02 2013고정1159
폭력행위등처벌에관한법률위반(공동폭행)
Text

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

Reasons

1. A summary of the facts charged, Defendant, C, and D, around 00:50 on December 7, 2012, 2012, on the street in the front of the F Pharmacy located in G and H’s population E, against the assault by G and H, and D went off once the victim’s head on the part of the vessel (the material material) who was left on the road.

C During together, the number of backs of the victim G is four times, the left side bucks twice, the victim H's right hand hand, and the defendant scams together with it, and 4-5 times.

Accordingly, the Defendants jointly assaulted each victims.

2. The Defendant asserts that the Defendant only left the clothes and body of the victim H in the process of fighting and defending the attack at the time of the instant case, and that there was no fact when she was blicking with the victim H’s head, flicking, and blicking.

3. The judgment of the defendant's self-written statement and the police interrogation protocol of the defendant against the defendant are denied by this court, and all of them are inadmissible, and the following circumstances acknowledged by the record are: (i) the victim H stated in this court that "the defendant was able to see the victim's head and 4-5 times, and there was no fact that the defendant was her head and her 4-5 times, and the defendant was her head at the time," (ii) the victim G stated in this court that "the defendant did not her assault the victim H, and was stated in the police as her purport after talking the victim H from the victim H," (iii) the victim H was flick, and the victim's behavior and body fighting cannot be ruled out, taking into account the following circumstances, the evidence submitted by the prosecutor alone is sufficient.

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