폭력행위등처벌에관한법률위반(공동상해)
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that the illegality is excluded as a legitimate act or a legitimate defense, as long as the Defendant had exercised the minimum tangible power to the victims who prevented the occurrence of power generation in response to the collective action of the victims.
2. The following facts acknowledged by the evidence duly adopted and examined by the court below, namely, the victims suspended the supply of electricity to the building in which the victims of the defect who want to take the power plant and installed it, and the defendants came to fighting with the defendant in the process of preventing them from doing so, while the victims were at the joint defendant D, E, A, B, C, and H, and R, the victims were only two persons, while the victims were only two persons, joint defendants, and H (the victims were subject to a disposition not suspected of being involved in the crime even though they were at the scene of R, and were not involved in the crime) suffered two attention from the victims surrounding the victims, or the victims suffered two attention from the next victims, and the defendant was able to prevent the victims from exercising the right of defense against the victim K in this case, by taking advantage of the fact that the defendant received an urgent measure or provisional disposition against the victims' defense or by any other means.
It is difficult to see it.
Therefore, the defendant's assertion is not accepted (the victims expressed their intention not to be punished against the defendant, but the defendant was before the suspension of the execution of imprisonment, and the court below's punishment was maintained as to the defendant because it is difficult to view that the defendant's punishment was unfair because the defendant's punishment was so suspended). 3. Accordingly, the defendant's appeal is without merit, and therefore, it is in accordance with Article 364 (4) of the Criminal Procedure Act.