폭력행위등처벌에관한법률위반(공동상해)등
Defendant
All A’s appeal and prosecutor’s appeal are dismissed.
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding the facts and legal principles, Defendant A did not constitute “joint” as prescribed by the Punishment of Violences, etc. Act, since Defendant A conspired with C or did not have an intent to jointly engage in such act, Defendant A merely constitutes a crime of assault since there was no price of face of Defendant B, and only the crime of assault is established since there was no relation with the person who caused the injury of the victim due to the injury of the victim. Defendant B does not want punishment. Thus, Defendant B’s violation of the Punishment of Violences, etc. Act among the facts charged in the
2) The sentence of the lower court’s improper sentencing is too unreasonable.
B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.
2. Determination as to Defendant A’s misunderstanding of facts and misapprehension of legal principles
A. “When two or more persons jointly commit the crime of injury or assault” under Article 2(2) of the Punishment of Violences, etc. Act requires that there exists a so-called co-offender relationship between them. In addition, there should be cases where several persons are aware of another person’s crime in the same opportunity at the same place, and used it (see Supreme Court Decision 2013Do4430, Nov. 28, 2013). B. 1) In light of the following circumstances acknowledged by the legal principles as well as the evidence duly adopted and duly examined at the court below and the court below, Defendant A may be recognized as having inflicted injury on Defendant B, jointly with Defendant C.
A) Defendant A got back to Defendant B two times with Defendant B’s shoulder, and this was the price of Defendant B, and Defendant A was also jointly and severally bound with Defendant B, and this fighting continued to last up to seven minutes.
B) Meanwhile, the same opportunity required by the “joint” under Article 2(2) of the Punishment of Violences, etc. Act is not only an exercise of violence by at least two persons at the same time, but also a series of processes.