(영문) 의정부지방법원 2014.06.09 2012고정1657

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(영문) 의정부지방법원 2014.06.09 2012고정1657

폭력행위등처벌에관한법률위반(공동폭행)

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case is as follows: (a) the Defendant jointly with C, D, and E, and on January 31, 2012, at the G main entrance located in the Guri-si, 01:25, on the ground that the victim H (18 years of age) took a bath and acted without any brucation, D, as drinking, falls off with two times the part of the victim’s ship by drinking, and C, the head and the part of the victim’s body can be cut off; (b) the Defendant was able to take part in the victim’s body body body by drinking and drinking; and (c) the Defendant was able to take part in the victim’s face by drinking.

Accordingly, the defendant assaulted the victim jointly with C, D, and E.

2. The Defendant alleged that he did not fully participate in the act of assault against the victim, and denies the facts charged.

3. Determination

A. If so, the statement of each police statement about I as to whether the defendant assaulted the victim in collaboration with C, etc., the statement of each police statement about I as shown above, the statement of I in the witness D, C's each legal statement, witness J and K's each statement in the fourth protocol of trial cannot be believed against the witness J and K's each statement in the fourth protocol of trial.

(D), C, J, and K agree with this Court, and the defendant stated that he was not involved in the act of assault against the victim and was not at the scene of assault). (B)

In addition, the entry of the witness H's statement, the statement of the police's statement to H, and the statement of H in the sixth trial records are insufficient to recognize that the defendant committed an assault against the victim in collaboration with C, etc., and there is no other evidence to acknowledge it differently.

4. According to the conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a not-guilty verdict is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act, and a summary of the judgment against the defendant is

참조조문

-형법 제58조 제2항

-형사소송법 제325조

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