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(영문) 서울동부지방법원 2015.05.15 2015고정107
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant shall be innocent.

Reasons

1. On June 24, 2014, at around 02:50, the summary of the facts charged, around 02:50, the victim D (ma, 40 years of age) who was under the influence of alcohold by the Defendant and the Defendant was faced with the shoulder, and was punished for trial expenses, E took the victim’s face face at one time in drinking, and walking the victim’s face, etc. going beyond the victim’s face one time in drinking, and the Defendant took the part of the victim’s face going beyond drinking. The Defendant and E jointly inflicted injury on the victim, i.e., the victim in need of treatment for about six weeks.

2. Determination

A. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the prosecutor, and the conviction shall be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt.

B. In the instant case, only the victim’s statement was made as evidence that corresponds to the facts charged that the Defendant jointly injured the victim.

(A) The defendant, from the investigative agency to this court, has been faced with the victim or her desire for the victim. However, the defendant did not assault the victim, and there is no fact that E used the victim to assault the victim, and the victim also stated that E used the victim to assault the victim, and that E used the victim to assault the victim in the investigative agency. The victim stated at the investigative agency that "the defendant committed the victim jointly with E," but the victim stated at the investigative agency that "the defendant was at the time of his/her own request." However, the defendant was present in this court as a witness first and 'the defendant was faced with the shoulder of the victim's shoulder, and the victim continued to flick the victim's shoulder and flicked the victim's shoulder in the situation where the victim was faced with, and the defendant accurately memorys the situation where the victim was flick with tobacco in the state of the victim.

E이 눈을 쳤을 때 퍽치기로 생각하고 도망가는 것을 막기 위해...

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