폭력행위등처벌에관한법률위반(공동상해)등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. As to Defendant A1’s assault, Defendant A cannot be viewed as an assaulting that Defendant A displayed Maluos to C, but the other physical contact does not constitute assaulting that Defendant A was committed in the course of being pushed down with Defendant A within the Maluos. However, the lower court erred by misapprehending the facts, thereby assaulting Defendant A as described in this part of the facts charged.
B) As to the joint injury, Defendant A did not face with Defendant A, but did not correspond to the assault because Defendant A was in contact with Defendant A while he was not in contact with Defendant A by blocking the fingers. However, the lower court determined that the lower court erred by misapprehending the facts, and thereby Defendant A inflicted an injury on Defendant A jointly with Defendant B, such as that indicated in this part of the facts charged, by misapprehending the facts. 2) The lower court’s punishment (one million won of fine) against Defendant A is too unreasonable.
B. The physical contact between the Defendant B and C is to prevent such situation from approaching the Defendant B by pushing the body with the Defendant B at the dispute between the Defendant B and C, and constitutes an emergency evacuation under Article 22 of the Criminal Act or a justifiable act under Article 20 of the Criminal Act.
Nevertheless, since Defendant B was guilty, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
C. Defendant C (1) misunderstanding of facts) Although Defendant C had no choice but to contact his body while communicating with each other, the lower court determined that Defendant C committed an assault against Defendant C and B by misunderstanding of the fact, even though there was no fact that Defendant C had been pushed ahead with A or pushed down the chest part of B’s chest. 2) The lower court’s punishment (fine 500,000 won) against Defendant C is too unreasonable.
2. Summary of the facts charged
A. Defendant A’s assault committed by Defendant A is the case in which Defendant A’s “not more than D Apartment (hereinafter “D Apartment”) around 18:40 on September 23, 2018.