폭력행위등처벌에관한법률위반(공동상해)
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. In fact, the Defendants were unilaterally assaulted by the injured party and did not assault or injure the injured party.
B. Each sentence (Defendant A: a fine of KRW 1 million, Defendant B: a fine of KRW 500,000) sentenced by the lower court is too unreasonable.
2. Determination
A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by a witness of the first instance court was clearly erroneous in determining the assertion of misunderstanding of facts.
Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The Defendants asserted to the same effect as the grounds for appeal in the lower court, and the lower court, on the grounds that the statement made by the victim and witness corresponding to the facts charged of the instant case after examining the victim and witness as a witness, has credibility in the statement made by the witness and witness.
In the judgment of the court below, the defendants suffered bodily injury by taking account of the images of the damaged pictures, etc. as stated in the facts charged of this case.
The decision was determined.
In other words, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim was consistently tried to go from the main point operated by the victim from the investigative agency to the court of the court below, and Defendant A was able to go to the victim's face, and Defendant B was able to go to the victim's face, and Defendant B was able to go to the victim's arms and snow from the center of the criminal investigation agency to the court of the court below.