폭력행위등처벌에관한법률위반(공동상해)
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (in fact-finding, unreasonable sentencing) Defendants jointly inflicted an injury on the victim B.
Defendant
The determination of a fine of KRW 500,000 for A (the fine of KRW 500,00) is unreasonable.
2. Determination
A. Among the evidence submitted by the prosecutor for determination of mistake of facts, there is a victim’s statement that seems consistent with the facts charged.
The court below rejected the credibility of the victim's statement on the grounds as stated in the judgment.
In order to recognize the credibility of a victim's statement in the appellate court, the court below's decision rejecting the credibility of the statement must be acceptable and sufficient and acceptable.
(see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The evidence submitted by the prosecutor alone does not appear in such a situation.
According to the trial-oriented principle and the principle of direct examination, the judgment of the court below that rejected the credibility of the victim's statement cannot be respected.
F The credibility of the victim’s statement is difficult to be granted as evidence to prove the facts charged unless the credibility of the victim’s statement is denied when comprehensively considering the relationship with the victim, the contents of the statement, etc.
The remainder of the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged.
There is no error in the judgment of the court below that there is no proof of a crime for a violation of the Punishment of Violences, etc. Act (joint injury) against the Defendants, thereby affecting the conclusion of the judgment.
B. The lower court determined Defendant A’s punishment by taking account of the background of the crime, degree of damage, etc.
The court below did not err in selecting and applying the elements of sentencing, and there is no change in the sentencing conditions in the appellate court.
The determination of the original judgment cannot be respected.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The sentencing criteria are not applicable to a case where Defendant A requested formal trial against a summary order. However, the sentencing criteria for the crime of injury are set in this court.