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(영문) 전주지방법원 2015.08.13 2014고정984
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

1. On February 21, 2014, the Defendants: (a) around 20:00, at the representative conference room next to the Donsan-si D Management Affairs Office of Yan-si, Yan-si; (b) during the process of the discussion of qualification agenda items to be selected by the election commission committee in the apartment complex, Defendant A, the 103 representative chairperson of Defendant A, the election management member of Defendant A, who was a member of the election management committee (70 years old) with usual antipath in the course of dispute between some residents, including Defendant A and E, left the conference room; and (c) Defendant B, the election management member of the above Defendant, who was a member of the election management member of the meeting, went on the right side of the victim; and (d) the Defendants, by hand, went on the victim’s breast part of the victim’s chest with his hand, went on the victim’s boomed so that it is necessary to treat the victim for approximately two weeks.

Accordingly, the Defendants jointly inflicted an injury on the victim.

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value that makes the judge feel true beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act). If there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine the benefit of the defendant.

(See Supreme Court Decision 2008Do9890 Decided February 12, 2009, etc.). The Defendants asserted that, at the time of the instant case, there was no physical contact between the Defendants and F, the Defendants did not jointly inflict injury on F.

On the other hand, there are respective statements in F, G, H's investigative agencies and courts, E, and I's respective legal statements, diagnosis statements, and medical records as shown in the facts charged of this case.

However, the following circumstances acknowledged by the evidence duly admitted and investigated by this Court, i.e., the complaint prepared by F, out of the conference room.

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