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(영문) 전주지방법원 군산지원 2018.09.14 2017고정390
폭력행위등처벌에관한법률위반(공동폭행)
Text

The defendant shall be innocent.

Reasons

1. The victim B (the remaining and 55 years old) of the facts charged in the instant case is the representative of the Gunsan C, and the Defendant is a company member with D and punishment. The victim became the issue of investment funds that occurred when operating the company called the Defendant, D and E since 8 years ago.

Defendant

D and D, May 1, 2017, in front of the F apartment of the Simsan-si, Simsan-si, the victim “influenced from fraud,” collected money from the victim.

“Spits, spits or spits on the face of the victim who intends to board a taxi, and thereafter D has committed assault, such as 2-3 shacking off the shoulder of the victim who intends to board a taxi, and the Defendant has sealed the breast part by hand.

Accordingly, the defendant assaulted the victim jointly with D.

2. Determination

A. The Defendant’s act, as indicated in the facts charged in the instant case, spits or spits down the victim’s chests on the face of the victim, and spits or spits the victim’s chests. However, the Defendant, since the investigative agency since then up to this court, spits or spits the victim’s chests into the front door to prevent the victim from getting on a taxi, and denies the charges by consistently denying the charges.

B. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge sure that the facts charged are true beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act). If there is no such evidence, even if there is no doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see Supreme Court Decision 2012Do5301, Oct. 11, 2012).

As evidence corresponding to the facts charged in this case, the victim's investigative agency and the court's statements are flexible.

However, the above statements of the injured party are the evidence duly adopted and examined by this court.

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