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(영문) 수원지방법원 2015.07.23 2015고정25
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) around 02:40 on June 29, 2014, the Defendant, along with C, D, and E, engaged in drinking in the front package of “G convenience store” located in Suwon-si F, Suwon-si; (b) the victim H (the age of 44) stated that the Defendant’s daily activities are “bruely” for the Defendant’s daily activities, and the victim’s daily activities and trial expenses were obstructed; (c) the Defendant was pushed the victim; (d) C bucks of the victim; (e) C bucks of the victim; and (e) C bucks of the victim’s face by drinking; and (e) D 2 times the head of the victim’s hair with plastics.

As a result, the defendant jointly with C, D, and E, and the victim was unable to know the number of days of treatment.

2. Determination

A. In a criminal trial, the conviction of guilt should be based on evidence with probative value, which could lead a judge to have a conviction of not having a reasonable doubt, to the extent that the facts charged are true. Unless such proof is given, the conviction of the defendant cannot be determined even if there is a suspicion of guilt against the defendant.

(B) Supreme Court Decision 2001Do2823 Decided August 21, 2001 and Supreme Court Decision 2005Do8675 Decided March 9, 2006, etc.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the evidence alone presented by the Prosecutor cannot be deemed as having been proven to the extent that there is no reasonable doubt, and there is no other evidence to acknowledge otherwise.

① The Defendant consistently asserted that, from the police to this court, he did not take part in the act of violence such as D, etc., the Defendant took part in a fighting match between the Vietnamese, including D, and the daily behaviors, including the victim H, in the middle, and that he did not take part in the act of violence such as smuggling, etc. as indicated in the facts charged.

(2) "A victim H" in the police station means that a victim: (a) was aware of several persons; and (b) he/she was at the time.

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