폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
Summary of Grounds for Appeal
According to the evidence submitted by the prosecutor, although the defendant could recognize the victim's face at one time, the court below acquitted the defendant by misunderstanding the fact.
In the judgment of ex officio, the prosecutor filed an application for changes in the indictment with the following (the reasons for the judgment in writing). This court permitted the application, thereby making it impossible to maintain the judgment of the court below any longer due to changes in the subject of the judgment.
The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the judgment of the court below is reversed and it is again decided as follows.
【Grounds for the judgment in Dao-si】 On September 29, 2017, at around 23:00, the Defendant, A, and M were in front of the “D” in Pyeongtaek-si, and the victim E (50 years of age) brought about a dispute, and the Defendant was in his/her hands sealed the body of the victim, and the Defendant was in his/her son who observed the victim’s body in his/her hands, and the Defendant was in his/her son’s faces the victim’s face by drinking. Then, the Defendant, A, and M was in his/her main place to take the victim’s face out of his/her main place, and she was in his/her own place beyond the floor, and she was in his/her own way to take the victim’s face from the victim’s body, and then, he/she continued to take the victim’s body back from the victim’s body, and brought the victim’s body back to the victim’s body.
As a result, the defendant, A, and M jointly inflicted bodily injury on the part of the victim in need of treatment for about 14 days.
Summary of Evidence
1. Legal statement of witness E;
1. Police suspect interrogation protocol (including diagnosis protocol) of E;
1. Each report on internal investigation:
1. The legal statement of the CCTV victim and the face of the victim at the time.