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Defendant
A. The prosecution of this case against Defendant B is dismissed.
Reasons
1. The summary of the facts charged is that the Defendants are members of the C church’s “meetings to observe the C church” or “Emergency Countermeasure Committee”.
On January 1, 2014, at around 23:30, the Defendants attempted to enter from the stairs of the second floor of the Cridge in Yangcheon-gu Seoul Metropolitan Government, the second floor where the members belonging to the group to set up a church immediately, who are the opposing members of the church, intend to gather from the stairs of the victim E (the age of 61) who is the opposing party to block this, and Defendant B was in the position of the victim.
Accordingly, the Defendants jointly assaulted the victim.
2. Determination
A. First of all, Defendant A made a statement to the investigative agency that “Defendant A has drawn the body of the victim E in the stairs.” However, the investigative agency stated that Defendant A would appear as a witness of this court that “after the receipt of a written complaint, it is unclear whether Defendant A saw the video again after the receipt of the written complaint, it is unclear whether Defendant A carried his faton, and whether Defendant A drawn up his faton.” Even according to the result of the video CD reproduction viewing submitted by E, it is not clear whether Defendant A put in the stairs of the victim E, and therefore, it is not sufficient to acknowledge that Defendant A had drawn the body in the stairs of the E, and there is no other evidence to acknowledge this otherwise.
Therefore, since the facts charged against Defendant A constitute a case where there is no proof of crime, the court rendered a judgment of innocence under the latter part of Article 325 of the Criminal Procedure Act
B. Meanwhile, insofar as Defendant A’s participation in the crime of assault is not recognized, the crime of assault (Article 260(1) of the Criminal Act) is not established against Defendant B, and only the crime of assault (Article 260(1) of the Criminal Act) can be established. However, the crime of assault is under Article 260(3) of the Criminal Act.