폭력행위등처벌에관한법률위반(공동폭행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the victim D made a statement consistent with the facts charged in the investigation agency and the court. In full view of the victim's statement, his body photograph, and the dispatch report at the scene of violence, the defendant can recognize the fact that the victim made a joint assault in order to catch the victim's breath and face a drinking face.
2. Determination
A. On July 24, 2016, the Defendant: (a) 19:20 on July 24, 2016, at “C” located in Yeongdeungpo-gu Seoul Metropolitan Government, intended the victim D (e.g., 55 years of age); (b) performed fighting in excess of breath; (c) performed a breath; and (d) took the victim’s face by drinking bat; and (e) took the victim’s face by combining the Defendant.
Accordingly, the defendant assaulted the victim jointly with E.
B. The lower court found the Defendant not guilty solely on the following grounds, on the ground that the evidence submitted by the prosecutor alone cannot be deemed to have been proven beyond reasonable doubt that the Defendant abused the victim, such as the facts charged.
1) From the investigative agency to the court below’s trial, the Defendant consistently reported the case where E was sent out of singing the instant body by the horse victim, and the Defendant only defended the victim due to drinking or sing, and did not assault the victim. 2) E consistently from the investigative agency to the court below’s trial, consistent from the investigation agency to the court below, stated that “E was in a toilet, and the victim and the Defendant were in a state of singing the Defendant, and the Defendant was in a state of being under the victim’s supervision. The victim reported the instant case to E, singing out, and singing out of singing the back of singing, and reporting it to the police.”
3. The defendant is assaulted by the victim on the day of the case.