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(영문) 서울북부지방법원 2013.04.19 2012고정2653
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants are not guilty.

Reasons

1. The Defendants in the facts charged are D, E, F, G, H and school alumnis, and around 01:45 on April 8, 2012, the victim K (year 21) was faced with E and off at the entrance in front of the entrance in order to avoid tobacco, while drinking food within the “J” main store located in Jung-gu Seoul Metropolitan Government I.

E refers to the victim who gets away from the victim's her free will, and the Defendants are able to fight with the victim, and as the defendants are frighten, E is frightening from the victim's face, D is walking the victim's face due to the outbreak, and the defendants were frighten from the victim.

Therefore, the Defendants, D, and E jointly put up the framework of the opical tension that requires 7 weeks of treatment to the victims.

2. The Prosecutor’s interrogation protocol was prepared as evidence that corresponds to the fact that the Defendants conspired with D and E to commit the crime as stated in the facts charged. However, the Defendant is difficult to believe the protocol in light of the witness K’s statement and the witness G’s statement in the third trial protocol to the effect that “the Defendants did not have assault K or assault it,” and that “the Defendants do not know it.”

In addition, the remaining evidence submitted by the prosecutor alone is insufficient to recognize the fact that the Defendants committed a crime as stated in the facts charged in collusion with D and E, 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

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