Of the facts charged in the instant case, the charge of violating the Punishment of Violences, etc. (joint assault) against the victim C shall be acquitted.

1. On December 20, 2012, the Defendant: (a) around 03:00 on December 20, 2012, at the G cafeteria located in Geumcheon-gu Seoul Metropolitan Government, set up a victim C (the age of 16) with a driver’s license; (b) on the ground that the victim C et al., who was asked with a driver’s license, said the victim C et al. said that he had a driver’s license, and said the victim et al. said that he was bad for a long time, the victim C and his driver’s license, and the victim E (the age of 16), was killed, and was the victim of drinking.

In addition, H, the Defendant's daily behavior, was also shaking the victim's breath, and the victims were faced with drinking.

Accordingly, the defendant assaulted victims jointly with H.

2. The defendant and his defense counsel asserted that the defendant and his defense counsel stated that although the defendant had less flatized D, there was no other victims, including D, and that H did not take part in the defendant's act at the time, there was no time when H participated in the defendant's act.

3. Determination of facts charged

가. 이 법원이 적법하게 채택하여 조사한 증거에 의하면, C은 경찰 조사 당시 ‘피고인이 먼저 D의 멱살을 잡고 D도 피고인의 멱살을 잡았으며, 서로 밀쳤다. 그 때 처음 보는 형(H)이 같이 D을 밀고 멱살을 잡았다. 내가 이를 말리자 H이 나의 멱살을 잡아서 서로 발로 차고 싸우게 되었다’고 진술하였고(수사기록 제41쪽), J은 ‘피고인이 C의 멱살을 잡았고, E의 멱살을 또 잡았다. 내 친구들이랑 그쪽 형들이랑 서로 뒤엉켜 싸웠다’고 진술하였으며(수사기록 제72쪽), K은 ‘피고인 일행과 C, E이 모두 멱살을 잡으면서 바닥에 뒹굴고 하면서 싸웠다’고 진술하였는바(수사기록 제84쪽), 이 부분 진술은 공소사실에 부합하는 듯하다.

B. However, in the continued police investigation, C began fighting with "the defendant " having bather bather fats D.

B. The coupled with H was fighting.

The defendant.