폭력행위등처벌에관한법률위반(공동상해)
The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C shall be punished by a fine of KRW 1,000,000.
Defendant .
1. Summary of grounds for appeal;
A. Although Defendant A and B were misunderstanding the facts that Defendant B had flicked with flat of the victim C, Defendant B did not go beyond flat with the victim’s flat.
Defendant
A is a fact that he spreads a scopicide toward the victim, but there is no support for the victim due to the scopher or the scopage of the victim.
However, the lower court recognized the facts charged against the Defendants as they were, so it erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2) Each sentence of the lower court’s unfair sentencing (an administrative fine of two million won) is too unreasonable.
B. In full view of the prosecutor’s statement (as to Defendant C), witness’s statement, medical certificate of injury, and photographs of damage situations, the lower court rendered a judgment not guilty of the Defendant, even if the Defendant sufficiently proved that each injury was inflicted on the victims, and thus, erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination on Defendant A and B’s appeal
A. As to the assertion of mistake of facts, the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court, namely, the victim C consistently maintained from the police to the lower court’s court to the following circumstances.
Defendant
A shall be memoryd as flabling together with A.
Defendant
A이 발로 저의 정강이를 1회 찼고, 홈 키 파를 저에게 뿌렸다.
(2) The representative meeting of the occupants of this case was present at the meeting
I in the prosecutor's office, "the defendant A was flobbbling the victim's breath and at the same time the defendant B was divided into flobbing and then the victim's breath was used as a flob.
During that period, Defendant A had a bridged the victim's breath, and the victim tried to catch the victim's hand and then down the victim's hand.