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(영문) 창원지방법원 2019.02.15 2018고정315
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecution of this case is dismissed.

Reasons

1. On March 26, 2017, at around 21:25, the Defendant and B passed the street in front of the D cafeteria which was located in the window C of Changwon-si, and as a result, the time expenses were to be borne by the victim E(54 years of age) and F(52 years of age) under the influence of alcohol and the vehicle traffic, etc., the Defendant and B were able to see the victim and the above F’s f’s f’s face and f’s face was shakend by drinking, and the Defendant committed assault. However, in the process of continuing the Defendant’s use of f’s f’s f’s f’s face, the Defendant, in his hand, f’s f’s f’s b’s f’s f’s f’s head, thereby threatening the victim and F’s head.

Accordingly, the defendant assaulted the victim jointly with B.

2. Determination

A. Article 2(2) of the Punishment of Violences, etc. Act requires that "When two or more persons jointly commit the crime of injury or assault," the same requirement requires that there exists a so-called co-offender relationship between them. In addition, where several persons are aware of another person's crime at the same place and commit the crime by using the same opportunity. In the case of co-principal who jointly processes and commits the crime, the conspiracy or conspiracy does not necessarily need to be made directly, explicitly, explicitly, in order, it is not necessary that two or more persons should be made directly and explicitly, and the intention to jointly realize it should be combined in any case.

(see, e.g., Supreme Court Decision 2016Do19451, Feb. 21, 2017). B.

However, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it is difficult to readily conclude that the Defendant committed an assault with B, and there is no other evidence to acknowledge the assault.

(1) According to the screen taken by a witness at the time of committing a crime, the victim shall be the victim, as shown in the facts charged, and the victim B who was next to the victim, by pushing the victim, as stated in the charges.

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