폭력행위등처벌에관한법률위반(공동상해)
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal lies in the fact that Defendant A had the victim's head, but this constitutes legitimate self-defense or legitimate act, since the victim first faced the victim's finger.
In addition, Defendant B merely speaks on the fighting between Defendant A and the victim, and did not inflict an injury on the victim.
Nevertheless, the court below's finding the defendants guilty of joint injury is erroneous in misunderstanding of legal principles or misunderstanding of legal principles.
2. Determination
A. The lower court determined that the Defendants jointly committed injury to the victim, taking into account the following circumstances acknowledged by the evidence duly adopted and investigated: (a) the victim stated consistently from the police to the court of the lower court that Defendant A had been exposed to the victim’s face; (b) the Defendant’s sound was satisfed by the police to the court of the lower trial; and (c) the Defendant’s arrival at the site of the instant case after checking that all of the phone calls were cut back; and (d) the victim was at the emergency room of the Ulsan University Hospital on the day of the instant case upon the police’s recommendation to know about the degree of injury to the victim.
B. The following circumstances acknowledged by the court below are: (a) the victim was unable to properly use the body of the victim from the police to the court of the court below; (b) the victim stated that the defendant B was unable to properly defend the victim's attack; and (c) the defendant B could have avoided fighting by means of the victim's arms and body; and (d) the defendant B could have easily avoided the victim's harmful act by attaching the victim's arms and body to the victim's body.