폭력행위등처벌에관한법률위반(공동상해)
The Defendants’ appeal is dismissed.
1. Summary of grounds for appeal;
A. The judgment of the court below which found the Defendants guilty of the facts charged in this case is erroneous or misunderstanding legal principles, which affected the conclusion of the judgment by misapprehending the legal principles, although the Defendants did not commit any act as stated in the facts charged, and there was no intention or predictability of injury.
B. In light of the circumstances leading up to the commission of the instant crime, etc., the sentence of the lower court (the sentence of a fine of 300,000 won by the Defendants A, D, E, and F) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence of determination of mistake of facts and misapprehension of legal principles, namely, ① the victim makes a consistent statement to the purport that it conforms to the facts charged, ② the statement of N of the guard leader who is witness also supports the credibility of the victim’s statement, ② the number of people who are 12 to 15 U.S. dollars at K S. S. S. S. S. S. S. S. S. S. S. S. S.S. S.S. S.S. S.S.S. S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.S.
B. Failing to reach an agreement with the victim on the assertion of unfair sentencing, and the Defendants’ participation.