Text
The defendant shall be innocent.
Reasons
1. On January 20, 2012, at around 21:20 on January 20, 2012, the Defendant prosecuted: (a) the Defendant: (b) opened a door at the Yeongdeungpo-gu Seoul Metropolitan Government House “E”; (c) opened a door and heard the door from the victim F (38 years old); (d) went through a dispute; (b) one of the instant persons, C and the instant persons, who was killed in the name of the victim, was the head of the victim, and (e) the Defendant and C met the victim’s face and body due to drinking and growth.
As a result, the defendant and C jointly with the non-registered winners, and the victim showed multiple types of symptoms that require treatment for about two weeks.
2. The Defendant consistently denies the facts charged in the instant case by asserting that, since the police and from the time to the time of this court, he only told fighting and did not have any joint assault against the victim.
The part of the victim F’s statement among the evidence submitted by the prosecutor to prove the defendant guilty of the facts charged in this case against the defendant is that the victim was not memory because the victim was used for beer's disease, and that it was only the last time before the fighting process from G. Therefore, the evidence that the defendant participated in the violence is virtually insufficient.
그런데, 이 법원의 G에 대한 증인신문조서의 진술기재에 의하면, G는 “상대방 일행 4~5명이 F을 어떻게 때렸나요”라는 검사의 질문에 “맥주병과 호프잔을 들고 F의 머리를 때렸고, F이 넘어지니까 넘어진 F을 상대방 일행이 발로 찼습니다”라고 대답하였고, “당시 피고인 일행들 모두가 F을 폭행한 것인가요, 아니면 그 중 때리지 않고 보기만 하거나 말린 사람이 있었나요”라는 검사의 질문에는 “그것까지는 기억나지 않습니다”라고 대답한 사실, 한편, G는 “증인의 기억에 실제로 병이나 맥주잔으로 때린 사람은 몇 명인 것 같은가요”라는...