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(영문) 서울북부지방법원 2013.06.19 2013고정130
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged was around 16:40 on September 11, 2012, at E office located in Dobong-gu Seoul Metropolitan Government D building 208, and at the same time, Defendant A had a verbal dispute with the victim F, and Defendant A had a father twice after the victim’s head was drinking, and Defendant B had a father three times after the victim’s head was drinking in combination with Defendant A.

As a result, the Defendants jointly inflicted bodily injury on the victim, such as cerebral ley that requires medical treatment for about two weeks.

2. In light of the contents of the CCTV video data CD, which was lawfully adopted and investigated by this court, the evidence submitted by the prosecutor alone that the Defendants used to assault the victim as stated in the facts charged.

It is not sufficient to recognize that the victim sustained the same injury as the stated in the facts charged due to the assault by the Defendants, and there is no other evidence to acknowledge it.

Thus, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.

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