폭력행위등처벌에관한법률위반(공동폭행)등
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal (a factual error) did not constitute assaulting the victim C as described in paragraph (1) of the facts charged, and Defendant A did not have assaulted the victim D as described in paragraph (2) of the facts charged.
2. Determination
A. The lower court determined that each of the victims' statements was reliable in the recognition of facts constituting an offense in light of its circumstances, contents, and the degree of attitude of legal statement, and found the victims guilty of the facts charged in the instant case by comprehensively taking into account the following evidence.
B. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court of the trial at the trial at the trial at the trial at the trial at the trial at the trial level shall evaluate the credibility of the statements, taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is being sworn in the open court after being sworn in the presence of a judge, and the separation of the statements from the witness examination protocol at the trial at the trial at the trial at the trial level. In a case where the statements made by the victim, including the victim, are mutually consistent and consistent with the facts charged, unless there is any other evidence that can objectively be objectively deemed to lack credibility (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In light of the above legal principles, the health stand, which was duly adopted and investigated by the evidence, and the following circumstances, i.e., the victims’ statements from the investigation agency at the trial at the trial at the trial level or the trial.