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(영문) 서울남부지방법원 2014.01.22 2013고정3372
폭력행위등처벌에관한법률위반(공동폭행)
Text

The defendant shall be innocent.

Reasons

1. The defendant in the facts charged is a new letter belonging to the "Emergency Countermeasure Committee" of the D church in Yangcheon-gu Seoul Metropolitan Government, and the victim E (the age of 57) is a new letter belonging to the same church's "organization that directly establishes a church."

On October 14, 2012, at around 11:20, the Defendant assaulted the victim by towing the back part of the victim by hand while paying for the expenses of the victim as a legitimate issue of public announcement attached to the church in the front corridor of the third floor of the above Diplomatic Association at the "Emergency Countermeasure Committee".

2. The Defendant asserts to the effect that, at the time of being examined by the police, the Defendant did not have a criminal intent of assault while recognizing the Defendant’s clock back portion at the time of his/her investigation, stating that “I will lose the center and put down the clothes of the victim before and after the time of the investigation.”

After considering the video CD submitted by the victim, the Defendant and F (the victim claimed that the Defendant and F were assaulted by the victim at the time of the instant crime) stated in the police that “the Defendant and the victim were fighting the victim’s body, thereby doing so.” However, according to the results of reproduction of the video CD, attached to the complaint, the Defendant brought the victim’s back back to the Defendant by leaving the victim’s body, and then brought the victim’s back to the Defendant. After the Defendant drawn the victim’s back, the victim took the attitude of reporting another person subsequent to the Defendant, not in the state of the Defendant’s face, and the Defendant did not make any special claim to the Defendant, and the Defendant put the victim into the body of the victim into the body of the victim.

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