폭력행위등처벌에관한법률위반(공동상해)
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by a fine of three million won.
Defendant
B.
1. Summary of grounds for appeal;
A. Defendant A, misunderstanding the facts of the Defendants (misunderstanding of facts and improper sentencing) 1, did not take part in the crime of injury of the above Defendant B while Defendant B told the above Defendant at the time of the injury to the victim, but did not take part in the crime of injury of the victim. The lower court jointly committed injury to the victim as shown in the facts charged
As such, the court below erred by misunderstanding facts and affecting the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendants (Defendant A: fine of 2 million won, Defendant B’s imprisonment with prison labor of 6 months, and one year of suspended execution) is too unreasonable.
B. The Defendant A (misunderstanding the legal doctrine)’s act of bringing the victim who was partially set up at the floor of the management office, constitutes a justifiable act.
2. Determination
A. Article 2(2) of the Punishment of Violences, etc. Act provides that the term "two or more persons jointly cooperate" means that there exists a so-called co-offender relationship between them. In addition, several persons are aware of another person's crime in the same opportunity at the same place and commit a crime using the same opportunity (see Supreme Court Decision 95Do1642, Feb. 23, 1996, etc.). According to the evidence duly adopted and examined by the court below, the victim F made a claim against the defendant A at the management office of the building D in the Namyangyang-ju, Namyang-ju, the management office of the building D at around January 17:12, 2016, requesting the head of the management office for the receipt of management expenses, and the defendant A made a conflict with the victim with the victim, and thus, he was a person who renders a failure in the management office to the defendant B.
On the same day, around 17:15 on the same day, Defendant A tried to listen to her bath from the damaged person, and her breathed and pushed down the breath of the victim’s bat, and her bat at that time, her bat the bat at the victim’s bat at the bottom, or her bat at the victim’s head with her bat, and Defendant A’s head.