beta
Text
The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
The summary of the facts charged is that the Defendant and C, around 04:20 on 03:0 on 03:0 on 04:20 on 201, on the ground that at the “E” club located in the Southern-gu, Incheon Metropolitan City D and fourth level, the Defendant and C, were faced with F and shoulder, are punished for a dispute.
In his hand, C was pushed with F, and C was injured by the left side of F's friendly arrest victim G by drinking three times, and C was injured by the left side of the victim's G, which requires medical treatment for 35 days.
Accordingly, the defendant, together with C, injured the victim.
Judgment
"When two or more persons jointly commit a 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, several persons are aware of another person's crime at the same place and commit a crime by using it. In the case of co-principal who jointly processes more than two persons and commits a crime, the conspiracy or conspiracy does not necessarily need to be made directly, explicitly, in the order, and the intention to jointly realize it should be jointly processed for a crime, but in any case, there is a combination of intent to jointly realize it.
(see, e.g., Supreme Court Decision 2013Do4430, Nov. 28, 2013). In light of the foregoing legal doctrine, it is insufficient to recognize that the evidence submitted by the Prosecutor alone was in common with C, and there is no other evidence to acknowledge that the Defendant inflicted an injury on the victim. Rather, according to the record, C is only recognized as having inflicted an injury on the victim solely on the date and time indicated in the facts charged.
Therefore, since the facts charged in this case constitute a case where there is no proof of crime, it is decided as per Disposition with the decision of not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment pursuant to Article 58(2)
It is so decided as per Disposition for the above reasons.