폭력행위등처벌에관한법률위반(공동상해)등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. The misunderstanding that Defendant B violated the Punishment of Violences, etc. Act (joint injury) by Defendant B is outside the vinyl house, and Defendant B said that Defendant A was at the time of the occurrence of a large amount of excreta in the vinyl house, and Defendant A was at the time of the occurrence of the victim, and there was no fact that Defendant A was at the time of the occurrence of the victim.
B. The sentence of the lower court (Defendant A: Imprisonment with prison labor for 8 months and Defendant B: fine of 7 million won) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding the facts about Defendant B’s violation of the Punishment of Violences, etc. Act (joint injury), the following circumstances acknowledged by the lower court and the evidence duly adopted and examined by the first instance court, i.e., the victim: “A was mainly imprisoned, but Defendant B was also going through the body of Defendant B.
“” consistently stated to the effect that it was consistently stated, and that it was in a vinyl house at that time.
E was at the time of Defendant A’s leading victim, and Defendant B was at the time of coming from the next side.
"," and "Defendant B made it clear that they are victims."
In full view of the fact that Defendant B made a statement to the purport that “,” it may be recognized that Defendant B inflicted an injury upon the victim jointly with Defendant A.
Therefore, this part of Defendant B’s assertion is without merit.
B. As to the Defendants’ assertion of unfair sentencing, the Defendants agreed with the victim at the investigation stage only, and the victim does not want to punish the Defendants, and there are some circumstances to consider the motive of the crime.
However, the crime of this case is committed jointly by the Defendants, and is committed with bodily injury to the victim. The crime of this case is not committed in consideration of the time when the victim was detained and the degree of injury.
Defendant
A appears to have inflicted bodily injury upon the victim, and Defendant B was exposed to Defendant A’s side.