폭력행위등처벌에관한법률위반(공동폭행)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The summary of the reasons for appeal is that the victim F illegally becomes the temporary church chairperson, and the police officers occupy the church, and the police officers only used the victim F to get out of the church and do not assault the victim F in order to prevent any greater conflict in the situation of being discovered and resolved inside the church;
2. Determination
A. An ex officio determination prosecutor requested the defendant to amend a bill of amendment to the indictment to the effect that the part concerning the appointment of the temporary president of the victim F among the facts charged against the defendant is changed as stated in the following facts. Since this court permitted this, the judgment of the court below is no longer maintained.
However, even if there are such reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and this will be examined below.
B. Comprehensively taking account of the evidence duly admitted and examined in the court below's erroneous determination of facts, the defendant, like the facts constituting the crime of the court below, is subject to the defendant's right bridge of the victim, and Eul can recognize the facts of assaulting the victim F by taking a less part of the victim's right bridge, and the defendant's assertion is without merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is so decided as follows.
Criminal facts
The summary of the facts of the crime recognized by the court and the summary of the evidence are as follows: (a) the victim F appointed as the temporary president without undergoing the official resolution body of the Eno-Council, the upper agency, shall be changed to “F of the victim appointed as the temporary president” under Article 369 of the Criminal Procedure Act; and (b) the summary of the facts of the crime recognized by the court below and the summary of the evidence shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1..