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(영문) 대전지방법원 2014.04.09 2013고정457
폭력행위등처벌에관한법률위반(공동폭행)
Text

1. The defendant A is not guilty of violating the Punishment of Violences, etc. Act (joint assault) against the defendant B.

Reasons

1. On January 4, 2012, the summary of the facts charged is that the Defendants were under physical contact, such as Defendant B’s drinking alcohol on the package of “E” located in Seo-gu Daejeon, Daejeon on January 4, 2012, and drinking alcohol on the back seat with F’s drinking alcohol at the back seat. Defendant B was faced with F’s male and female sexual traffic victim G, and Defendant B was faced with face. Defendant B, one of the Defendant B’s daily activities, was faced with the victim G, and was faced with the victim G, and Defendant A continued to have the victim’s face at the right side of the victim, and Defendant A continued to have the victim’s face at the time of having the victim h (26 years old), who was under dispute with the victim H (26 years old) who was under the influence of the victim G.

Accordingly, the Defendants jointly committed each assault against the victim G and the victim H.

2. Determination

A. First, we examine whether Defendant B assaulted G and H.

Defendant

B consistently asserts that there is no violence against G or H in the police and the court.

Meanwhile, on the other hand, F stated at the first place that “B Defendant was spoched and spokeed by G (10 pages of investigation records)” and stated that “B Defendant was spoched and spoched by the police once on January 6, 2012.” However, at the time of the second investigation from the police on March 31, 2012, F reversed the statement that “B Defendant was spoched by the police and was spoched by B, and spoched with G’s clothes, and spoched with G’s clothes.” At the time of the second investigation on March 31, 2012, the statement that “B Defendant was spoched by the police,” and the witness was present at the court, and “B was spoched by G to the right side of the Defendant,” and the Defendant was given a statement to the effect that “B was spoched with G’s face at the time of the investigation.”

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