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(영문) 인천지방법원 2013.11.19 2013고단2250
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The Defendants are as follows. The facts charged are as follows.

피고인들은 2013. 1. 5. 02:50경 인천 부평구 F에 있는 G나이트 화장실 복도 에서 피해자 H(24세, 여)를 보고 이 전 룸에서 자신에게 욕설을 하였다는 이유로 "야! 쟤야!"라며 다가가 손으로 피해자의 머리채를 잡아 흔들면서 얼굴을 할퀴고 오른 손등을 할퀴는 등 폭행하였다.

As a result, the Defendants jointly suffered an injury that could not know the number of diagnosis days to the victim.

2. Determination

A. The Defendants denied the facts charged that there was no injury to the victim from the investigative agency to the court.

B. As evidence that seems to correspond to the facts charged in the instant case, the victim H made a statement at this law and investigative agencies.

However, H made an assault to the effect that: (a) the third person was felged at the time of the instant site; (b) he was knekel kneel kneeling while under the influence of alcohol; (c) he was aware of how he was felged by anyone; and (d) the face of the remaining Defendants was not considered as the face of the other Defendants except for the case in which he was felged after the fighting was completed.

However, the above statements alone cannot be determined by the Defendants as indicated in the facts charged, as stated in the facts charged, as to who committed the crime, such as the crime committed jointly by the Defendants on the sole basis of the statement of H is insufficient to view that it was proven to the extent that there was no reasonable doubt that the Defendants committed the crime as stated in the facts charged, as stated in the following: (a) one of the Defendants did not have committed an assault or took part in the assault; and (b) one of the Defendants did not know whether he/she committed an assault or took part in the assault; and (c) it is unclear whether he/she committed an assault.

(c) Other witness I’s legal statement, GNaCCTV, victim injured party photographs, CCTV photographs; and

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