폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
All appeals by the Defendants are dismissed.
1. As to the grounds for appeal of this case, the Defendants are against the recognition of each of the crimes of this case, and there are many benefits acquired by the Defendants due to the Defendants’ attack against the victimO, and the victim did not want the punishment of the Defendants by agreement with the victimO. The Defendants A agreed with the victims of the crime of violence, etc. (collectively weapons, violence, etc.) and larceny, etc., which are favorable to the Defendants.
However, the crime of violation of the Punishment of Violence, etc. Act (joint conflict) was committed by the Defendants in collusion with the Defendants with the main points of the operation of the Defendant A, using the fact that the victim O, who was a customer of the Defendant, was unable to properly memory the situation at the time by drinking alcohol, and then, the above victim was forced to avoid disturbance at the main points of the operation of the Defendant A, damage the instrument located therein, and then demand the above victim to report to the police station and receive punishment if the victim did not comply with the request. In light of the method and contents of the crime, the nature of the crime is not good, in light of the method and contents of the crime, Defendant A led other accomplices by proposing to commit the crime or ordering the above other accomplices to perform specific action. Defendant C sent the victim O to the main points of operation of the Defendant A, and then, the victim did not request the above victim to report the above agreement to the victim, and then, Defendant C did not request the above victim to take part in the crime and did not report the above agreement to the victim.