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(영문) 서울서부지방법원 2017.10.13 2017고정178
상해
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts of prosecution is that the Defendant was working at a dormitory building site in D University located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and around November 17, 2015, around November 3, 2015, the Defendant completed work at the victim E (46 years of age) room in the above building site and set the Defendant’s bank, etc., which was suffering from the Defendant’s clothes at the above building site and was laid down on the floor. In addition, the Defendant stated that the Defendant was the victim “Isk-be and clothes are not clothes.”

“In the course of being followed, the victim was able to gather the safety appearance on the floor by setting up against the face of the defendant on the ground that the defendant, who was the victim's age, was satisfying against him/her, and the face part of the victim was satisfy.

After that, the defendant's daily behaviors, such as F, reported that the defendant and the victim are wraped, and the victim was pushed down or pushed down several times.

As a result, the defendant, in competition with independent acts, caused the injury to the victim, such as the excellent dynasium and the two dynasium that require approximately two weeks of treatment.

2. Determination

(a) Article 263 of the Criminal Act provides that "in the event that an independent act concurrently causes the result of injury, if it is not proved that the causal act has been caused, it shall be in the same way as the joint principal offender

"Special cases concerning the same demonstration of contents are stipulated, and the same demonstration in the crime of injury brings about the result of an injury by committing an act of injury, if it is not clear that the injury was due to an act of injury of one of the two or more persons, all of the perpetrators shall be deemed a joint principal offender. Therefore, it shall not be said that the act of injury itself cannot be differentiated from a person whose act of injury is unclear as a joint principal offender (see Supreme Court Decisions 84Do488, May 15, 1984; 2010Do582, Sept. 9, 2010). (b) In this case, considering the following facts admitted by evidence, if the defendant were to be considered by evidence, as alleged in the facts charged by the defendant in the crime of injury, it is recognized that the defendant committed an act of assault in the room of escaping the victim, as in the facts charged, and the victim is the victim.

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