폭력행위등처벌에관한법률위반(공동상해)
All the judgment below is reversed.
Defendant
A shall be punished by a fine of KRW 700,000,000, and by a fine of KRW 1.3 million.
1. Summary of grounds for appeal;
A. In full view of the circumstances, which are different from the circumstances, such as the misunderstanding of facts or misunderstanding of legal principles residing overseas during the trial of the court below, that the victim was unable to verify his whereabouts as a result of commission of detection of his whereabouts, and that the victim stated the damage to the police on the day of the crime of joint injury of this case, and that the victim’s injury level and degree of injury in the written injury diagnosis correspond thereto, the police investigation protocol on the victim’s interrogation of the victim is admissible as evidence pursuant to Article 314 of the Criminal Procedure Act, and also considering the evidence such as the victim’s written diagnosis of injury, there is sufficient evidence for the Defendants’ crime of violation of the Punishment of Violences, etc. of this case (joint injury).
However, the court below rendered a not guilty verdict on the charge of violating the Punishment of Violences, etc. Act (joint injury) against the Defendants. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.
B. The lower court’s sentence (a suspended sentence: a fine of 200,000 won) as to the injury of Defendant B in light of the unfair sentencing terms and conditions of sentencing is deemed unreasonable.
2. Determination of the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine
A. The Defendants charged with the violation of the Punishment of Violences, etc. Act (joint injury) were jointly carried out on June 25, 2013, on the ground that the Defendants, while getting off the taxi at the front of the public parking lot located in the 2nd-dong Busan Shipping Daegu return on June 25, 2013, the victim D (in the 44 years old), who was getting in the taxi where the Defendants issued, was faced with Defendant A and the shoulder. Defendant A was faced with the victim’s face by drinking, and Defendant B suffered injury, such as the victim’s scambling on the left-hand side and the scambing.
B. The lower court determined on the following grounds.