폭력행위등처벌에관한법률위반(공동상해)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal found the Defendant guilty of the facts charged despite the absence of the fact that the Defendant only made a speech that E would inflict an injury on the victim, and did not jointly inflict an injury on the victim.
Therefore, the lower court’s judgment erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
(1) The grounds of appeal submitted by the Defendant on January 6, 2014, the period for submitting the appellate brief, which was within the period for submitting the appellate brief, are only erroneous grounds for appeal, and the Defendant’s defense counsel served a written notification of the receipt of the trial records and a written decision of the appointment of a state appointed defense counsel on January 10, 2014, and added the grounds of appeal only to the supplementary report submitted by the Defendant on the first day of February 10, 2014. However, since the period for submitting the appellate brief has expired, it cannot be deemed as a legitimate ground for appeal, and even if ex officio examination is made, it cannot be deemed that the Defendant’s sentence is unfair. Therefore, the grounds of appeal stated in the supplementary report in the above grounds of appeal are limited to the extent that supplements the grounds of appeal concerning mistake of facts between the Defendant and his defense counsel, and the lower court found the Defendant guilty of
살피건대, 피해자가 입은 상해 정도에 비추어 보면 피고인이 E의 폭력행위를 말리기만 하였을 뿐 전혀 가담하지 않았다고 보기 어려운 점, 당시 폭력현장을 목격한 이들의 112 신고내용, 목격자에 대한 전화수사에 관한 수사보고 및 피해자의 제1심 법정에서의 진술에서 일치하여 피고인이 피해자의 얼굴 부위를 걷어찼다고 한 점 등 이 사건 기록을 면밀히 살펴보면 원심의 판단은 정당한 것으로 수긍이 된다.
Therefore, the defendant's above assertion is without merit.
3. Thus, the defendant's appeal is without merit.