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(영문) 부산지방법원 2015.09.03 2015고정2698
폭력행위등처벌에관한법률위반(공동폭행)
Text

The prosecution of this case is dismissed.

Reasons

1. Around 10:40 on April 26, 2015, the summary of the facts charged: (a) the Defendant assaulted the victim E, an employee, and the victim E, who was in company with D and drinking alcohol, on the ground that the female employees were in company with D and drinking alcohol and went to the room due to the expiration of the time of contact; (b) assaulted the victim by cutting the breath of the breath, making the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the 2015.

Accordingly, the defendant assaulted victims jointly with D.

2. Determination

A. "When two or more persons jointly commit the crime of injury or assault" under Article 2 (2) of the Punishment of Violences, etc. Act requires that there exists a so-called co-offender relationship between them. In addition, where several persons are aware of the crimes committed by another person on the same opportunity at the same place, and used them to commit the crime.

(2) In light of the aforementioned legal principles, the following circumstances, which may be recognized by the records, are comprehensively taken into account: (a) A victim F made a statement to the effect that D and Do Do Do Do Do Do Do themselves committed an assault on the victim E after the completion of the Defendant’s assault crime against the Defendant’s victim E in the course of the police investigation; (b) the Defendant also made a statement to the effect that D did not commit an assault against the victim F in the course of the police investigation; (c) A victim E was also subject to an assault only from the Defendant during the police investigation process; and (d) A victim E did not make a statement to the effect that D was involved in the act of assaulting the victim E; and (e) D did not participate in the act of assaulting the victim E.

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