폭력행위등처벌에관한법률위반(공동상해)등
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that from the date of this judgment.
1. The lower court rendered a judgment dismissing a public prosecution regarding defamation among the facts charged in the instant case, and only the Defendant appealed against the guilty portion among the lower judgment, and the part dismissing the public prosecution among the lower judgment that the both parties did not appeal was separately determined.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. Summary of reasons for appeal;
A. The Defendant did not commit an assault against the victim (as to the violation of the Punishment of Violences, etc. Act (joint injury)).
B. The sentence of the lower court’s unfair sentencing (one year of imprisonment with prison labor, two years of suspended execution, observation of protection, and one hundred and sixty hours of community service order) is too unreasonable.
3. Determination
A. Prior to the judgment on the grounds for an ex officio appeal, the Prosecutor applied for changes in the indictment of violation of the Punishment of Violences, etc. Act (joint injury) in the judgment of the court below to “The Defendant,” “The Defendant, while walking the victim’s her her amb with his her amb, applied for changes in the indictment with the content that “the Defendant,” changed the victim’s ambat to “the victim’s ambat and walk the victim’s ambat with his ambat.” Since this court permitted this, the Defendant changed to the subject of the judgment by this court, the Defendant’s conviction part of the judgment of the court below cannot be maintained.
B. (i) Determination of the violation of the Punishment of Violences, etc. Act (joint injury), which is the revised facts charged, (iii) reproduction of the images of CCTV (386 pages of evidence records) taken at the time of this case’s site status, the following facts are recognized.
(1) From August 19, 2015, around 11:37:04, the victim D begins to make any speech after leaving the defendant who is a simple suspect.
(2) From around 11:37:09, H prevents a victim from approaching the victim by fasting the victim in his/her hands or cutting down his/her arms, etc., in the latter part of the victim.
(3) 11:38 Gyeongsung.