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(영문) 제주지방법원 2015.10.22 2015노212
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of five hundred thousand won.

The above fine shall not be paid by the Defendants.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendants were not guilty of having inflicted any injury on the victim.

2. Determination

A. Around 20:50 on January 26, 2014, Defendant A demanded that the “E” restaurant operated by Defendant A, in Jeju City, “E” to the victim F (the age of 42) who was made a customer, “the victim has been making a business break time” to indicate the victim’s complaint, and when the victim expressed his/her complaint, he/she saw the victim’s face by taking away his/her erobbbial, having been in a dispute with the victim. Defendant A, who is a type of Defendant A, was also in combination with the above, and was satisfing the victim’s face, and was satisfing the victim’s face.

As a result, the Defendants jointly inflicted injury on the left side of the victim, such as snow booming, snow booming, etc., which requires about six weeks of treatment.

B. The lower court found the Defendant guilty of all the facts charged in the instant case by comprehensively taking account of the macroscopic evidence.

C. 1) The prosecutor bears the burden of proving the facts charged in a criminal trial. The finding of guilt is based on the evidence with probative value, which makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest as the defendant's interest (see, e.g., Supreme Court Decision 2005Do4737, Feb. 24, 2006).

According to the evidence duly adopted and examined by the court below, the defendants were in a conflict with the victim, and they were spabling or body with one another, and the defendant B was involved in the face of the victim. Thus, the defendants did not jointly assault the victim.

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