폭력행위등처벌에관한법률위반(공동폭행)
All appeals by the Defendants are dismissed.
1. The lower court rendered a judgment of innocence regarding Defendant A’s violation of the Punishment of Violences, etc. Act (joint assault) around June 20, 2016 among the facts charged in the instant case; the lower court dismissed the public prosecution regarding Defendant B’s assault around June 20, 2016; and sentenced Defendant B’s conviction regarding the remainder of the facts charged; and the Defendants appealed regarding the aforementioned guilty portion.
Therefore, since the part of the judgment of the court below that the defendants and the prosecutor did not appeal is finalized as it is, the judgment of the court is limited to the guilty part of the judgment below.
2. Summary of reasons for appeal;
A. Fact-finding (Defendant B) In the case of Article 1 of the facts charged in the instant case, there was no fact that the victim was at night, and in the case of paragraph (2), there was no fact that the victim was at night, and in the case of paragraph (3), there was no fact that the victim was at night, and in the case of paragraph (3), there was no fact that the victim scambling the cosmetic to the victim and conspired with the Defendant A.
B. Improper sentencing (the Defendants) sentenced by the lower court (six months of Defendant A’s imprisonment and five months of Defendant B’s imprisonment) is too unreasonable.
3. Determination
A. As to the Defendant B’s assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the crime of this case was discovered by the G while being confined in the ward in the same detention house as the Defendants and the victims, and G was at the time when Defendant B and the victim met with the Defendant A at the investigation agency, and the victim stated that Defendant B was aware of the victim’s paralysis (the night of the Act on the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Crimes