폭력행위등처벌에관한법률위반(공동폭행)
The judgment of the court below is reversed.
Defendant
B Imprisonment with prison labor for four months and for six months, each of the defendants A shall be punished.
(b).
1. Summary of grounds for appeal;
A. As to the facts charged of the crime of violation of the Punishment of Violences, etc. Act (joint assault), the court below rejected the defendants' statements made by the prosecutor to the investigation agency of the victim and witness I, which are evidence submitted by the prosecutor to prove the facts charged, for lack of credibility in light of the legal statement to the effect that they go against them. The remaining evidence alone is insufficient to acknowledge the facts charged, and there is no other evidence to acknowledge it. However, the court below recognized only the facts that the defendants assaulted the victim A alone.
Therefore, the facts charged of the crime of violation of the Punishment of Violences, etc. Act (joint assault) are pronounced not guilty on the ground that there is no proof of a crime. Defendant A dismissed the public prosecution of the crime of assault on the ground that there was an expression of no punishment of the victim for the crime of assault in relation to the crime of violence in relation to the crime of the above crime, and did not separately pronounce innocence for the crime of violation of the Punishment of Violences, etc. Act
However, since the statements in the victim and I's investigative agency are reliable, the above facts charged against the defendants should be found guilty.
Therefore, the judgment of the court below is erroneous in the misapprehension of facts that affected the judgment.
B. The sentence of the lower court (six months of imprisonment, two years of suspended execution, and 40 hours of community service) with respect to Defendant A is deemed to be too uneasy and unreasonable.
2. Determination
A. On December 27, 2013, the summary of the charge of violation of the Punishment of Violence, etc. Act (joint assault) by the Defendants was sentenced to one year and six months of imprisonment with prison labor at the Gwangju District Court Manpoon branch, and the judgment on January 4, 2014 became final and conclusive on December 27, 2014.
Defendants are the relation of punishment.
Defendants around 00:40 on February 18, 2015.