폭력행위등처벌에관한법률위반(공동상해)
Defendant
All appeals filed by the Defendants B and the Prosecutor are dismissed.
Summary of Grounds for Appeal
According to the evidence submitted by the prosecutor, such as the prosecutor's mistake of facts and misapprehension of legal principles (as to the defendants), victim F's statement, police statement of the I, etc., the judgment below which did not recognize the defendants' joint injury even though it can be recognized that the defendant A participated in the crime committed by the defendant F and caused joint injury to the victim F, is erroneous
The sentence (2 million won of fine) imposed by the court below against the defendant is too uneasible and unfair.
Defendant
B The penalty (2 million won of fine) imposed by the court below against the defendant is too unreasonable.
Judgment
The lower court's determination on the prosecutor's assertion of mistake of facts and misapprehension of legal principles consistent with the purport that the victim F was at the police from the police to the court below's trial. However, the victim F made a consistent statement to the effect that the victim F was at the time of the instant case, and the victim F made an indecent act by force against the Defendant B on the ground that the victim F was in physical and psychological unstable condition due to the victim F's assaulted by force against the Defendant B, it is insufficient to find the Defendant guilty of the facts charged without any other evidence supporting other evidence. ② The police interrogation was conducted on the ground that he committed indecent act by force against H, which was the wife of G. ② At the time of the crime of indecent act by force, I made a statement to the effect that the victim F was used for the victim F at the time of drinking the victim F, and thereafter made a statement to the same effect in the first investigation at the police station, but the victim F made a statement at the time of the first investigation by the police police at the time of the first investigation was made by the Defendant F, as the victim F in the first statement.