폭력행위등처벌에관한법률위반(공동폭행)등
All appeals by the Defendants are dismissed.
1. On March 27, 2018, the summary of the grounds for appeal submitted by the Defendants, together with the arguments contained in the reasoning of the appeal submitted by the defense counsel on April 9, 2018.
A. Defendant A1) Fact-misunderstanding and misapprehension of the legal doctrine did not have dispatched words to the same effect as indicated in the facts charged, and it is difficult to view that the text message sent by the said Defendant would cause fears or apprehensions to the victim, considering the relationship between the said Defendant and the victim, the developments leading up to sending text messages, and the overall purport thereof.
Nevertheless, the lower court found the Defendant guilty of the facts charged and erred by misapprehending the legal doctrine.
2) The lower court’s sentence against the above Defendant, which was unfair in sentencing (an amount of KRW 700,000), is too unreasonable.
B. Defendant B (1) misunderstanding of the facts and misapprehension of the legal principles, the above Defendant only committed an act of putting the victim her neck as if he/she was a fishing, which cannot be deemed as an unlawful exercise of physical force, and there was no other assaulting the victim.
Nevertheless, the lower court found the Defendant guilty of the facts charged and erred by misapprehending the legal doctrine.
2) The lower court’s sentence against the above Defendant, which was unfair in sentencing (an amount of KRW 500,000), is too unreasonable.
2. Determination
A. Defendant A alleged to the same effect as the grounds for appeal on this part, even in the lower court’s judgment, Defendant A alleged to the same effect as the grounds for appeal, and the lower court, in its detailed statement in the final judgment, found the Defendant guilty of all of the charges against the above Defendant, and rejected the above Defendant A’s allegation.
B) Determination on the party deliberation (1) Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (hereinafter “Information and Communications Network Act”) shall be made through an information and communications network.