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(영문) 대전지방법원 서산지원 2012.08.16 2011고정282
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant shall be innocent.

Reasons

1. Around February 23, 2010, the Defendant: (a) had suppered at the Danjin-gun restaurant in Chungcheongnam-gun, Chungcheongnam-do; (b) had supperd with entertainment bars around 22:30; and (c) had supperd with the Defendant and E entered into the said entertainment tavern.

As the victim F (the 36-year old) who is an employee provided a studio 2 times, the Defendant took a bath to the victim without any justifiable reason, and the Defendant was able to cut the lower part of it into two arms and turn the head and head of the son.

Since then, the victim tried not to be assaulted and fled out of the business place, and escaped from the Hanjin-gu 3-distance, and the defendant's scam, who was in the vicinity of the ‘C cafeteria', went back to 2 studs by force by force.

The defendant, on the ground that there is no kneeel kneel in the victim, 5-6 times in the floor of his own head, and 3-4 times in combination with the defendant's assault, E who has observed this is 3-4 times in the victim's head.

As a result, the Defendant, in collaboration with E, inflicted bodily injury on the part of the victim, the inner part, the ductal part, the ductal part, the ductal part, and the ductal part.

2. Determination

A. The burden of proof for the criminal facts prosecuted 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 that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected to be guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

I would like to say.

나. 살피건대, 피고인은 ‘사건 당시 술에 취해 피해자의 목을 조르고 애교로 얼굴을 톡톡 때리기는 하였지만 공소사실과 같이 E과 합세하여 피해자를 폭행하여 상해를 입힌 사실은 없다’고 주장하고 있으나,...

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