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(영문) 의정부지방법원 고양지원 2013.12.11 2013고단106
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant shall be innocent.

Reasons

1. On September 23, 2012, the Defendant: (a) around 00:30 on September 23, 2012, the summary of the facts charged: (b) had the head part of the victim E (the age of 29) using beer disease, which is a dangerous object on the table, drinking alcohol, without any justifiable reason, and had the victim suffer bodily injury, such as the two fluor, requiring a medical treatment for about 14 days.

2. Determination:

A. The Defendant consistently asserted that, from this court to this court, the investigative agency did not assault the victim, and that the victim is against another person and is mistaken for the defendant as an offender.

B. When the victim is investigated by the police, the victim made a statement to the effect that "the victim took head from who was the victim's illness, and that his behavior was the victim's assault," and that "the defendant became aware of the victim's assault." When being investigated by the prosecutor, the prosecutor made a statement to the effect that "the victim was unable to escape by taking the defendant who was immediately next to the victim's head after he was faced with his illness," the victim made a statement to the effect that "the defendant was certain," and the victim testified to the same effect as the defendant made a statement at the prosecutor's office.

C. In this court testimony that “A victim was seen to have flab, but the defendant could not be deemed to have committed an act of assaulting the victim,” the F testified that “A defendant was present to have observed an act of assaulting the victim even when he was investigated by an investigative agency.”

The police and the prosecutor's statement about F are without the consent of the defendant to use it as evidence, and it is not recognized that it was duly established by the F's statement which is the original person making the original statement, and each admissibility of evidence cannot be admitted.

E. The statements at the prosecution of the victim and the testimony at this court shall be the defendant.

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