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(영문) 인천지방법원 2015.12.09 2014고단8975
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The defendant shall be innocent.

Reasons

1. Around 19:13 on October 11, 2014, the Defendant: (a) driven a Dsan PPP car and passed the Habp on a two-lane change of the F member high speed bus driven by the victim E (year 46) while driving into Seoul along the first lane of the 378.2km road at the 2nd parallel of the 2nd parallel road of the Hasan-si, the Hack-si, the Hack-si, the Hack-si, the Hack-si, the Hack-si, the Hack-si, the Hack-si.

The Defendant received two parts of the victim’s vehicle behind the passenger vehicle of the Defendant, which is an object at risk of driving the above bus, which is a dangerous object to drive the bus in one lane by driving the bus while driving through the bus without yielding the course, and driving the bus in one lane, and thereafter, by sudden suddenly rapid operation of the bus by the Defendant.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. Determination

A. In a criminal trial, the establishment of a criminal facts ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, and thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such convictions are to be ensured, the determination should be made in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.

B. According to the evidence submitted by the prosecutor, the following facts are acknowledged: (a) the Defendant’s car after the passage through Tolart was fluort in front of the victim’s bus; (b) the Defendant repeated his own sudden operation twice after the above, and thereafter, the Defendant’s bus and the victim’s bus conflict; (c) it was difficult for the Defendant to avoid the collision when considering the speed of the victim’s bus at the time, the distance between the Defendant’s car and the passenger car, etc.; and (d) according to the above facts of recognition, the Defendant assaulted the victim, such as as written in the facts charged.

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