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(영문) 부산지방법원 동부지원 2015.08.20 2014고정575
폭력행위등처벌에관한법률위반(공동폭행)등
Text

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

Reasons

1. Summary of the facts charged

A. A. On March 3, 201, the Defendant violated the Punishment of Violences, etc. Act (joint assault) along with C, an elementary school alumni, 08:30 on March 3, 201, on the ground that the Victim F (the age of 19) will work in front of the E convenience store located in Suwon-gu Busan, Suwon-gu, and C would be able to walk up a trial cost on the ground that the said victim would work in front of the E convenience store in Busan, and C would be able to take the face and body of the said victim as drinking.

Accordingly, the defendant assaulted the above victim jointly with C.

B. A person who wishes to use the victim by the F in the above time and place, and the defendant committed assault against the victim G (the 19-year-old) of F as “F as soon as possible” and assaulted the victim by putting the victim’s knife at his hand at his hand.

2. The Defendant alleged consistently from the police to the present court, and the Defendant did not live in Busan at the present site, and at that time, argued to the effect that the victims erroneously memoryed the appearance of accomplice C (hereinafter “offender”) with C, and that the remaining Defendant was the offender.

3. Determination

A. Whether the statement of G, F, and H is credibility or credibility (1) is admitted as evidence directly corresponding to the facts charged in the instant case; (2) there are ① investigation report (victim F telephone conversations) prepared by the police on August 21, 2013; (3) the statement prepared by the police on May 12, 201 concerning G; (4) the investigation report prepared by the police on August 21, 2013 (victim G telephone conversations); and (3) the investigation report prepared by the police on September 27, 2013 (indicted category of H criminal investigation).

According to the above evidence, G around May 12, 201, and around September 27, 2013, H, the witness of the instant case, designated one of eight faces photographs (defendants) presented by each police around September 27, 2013 as a criminal’s photograph, and ② F and G are clearly identified as a criminal’s photograph after being transmitted a telegraphic photo from each police around July 21, 2013 to a cell phone from each police around July 2013.

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