폭력행위등처벌에관한법률위반(공동상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
except that the ruling shall be made for one year from the date of the final judgment.
At the time of the instant crime, E and D did not take a bath or fright to H at the time of the Defendant’s mistake of the gist of the grounds for appeal by the defense counsel.
The Defendant committed an act identical to the facts stated in the facts charged in order to arrest a person committing sexual assault against H, who was living together, as a flagrant offender, or to secure evidence. As such, the Defendant’s act constitutes self-defense, emergency evacuation, or justifiable act, and even if H did not sexually assault G, it constitutes a case where there is an error as to the premise of the ground for exclusion of illegality.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by convicting all of the facts charged in the instant case.
In light of the fact that G living together with the victim's body was taken back in a ward sofabs, and the victim H was able to escape from his clothes, and that the victim attempted to commit the crime of injury of this case, and the victim committed the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter "Act on Special Cases Concerning the Compellion and the Punishment, etc. of Sexual Crimes") in order to think that the victim had sexual assaulted G and to secure evidence, the defendant and G were responsible for the occurrence of this case, and the defendant and G were faced with the victim's body, and the photograph taken by the defendant was not leaked to the outside in addition to the evidence submitted to an investigation agency, it is unreasonable to impose a sentence of suspension of execution two years and 80 hours of community service order in August.
Judgment
(A) As to the assertion that E did not participate in the crime in violation of the Punishment of Violences, etc. Act (joint injury) and the Punishment of Violences, etc. Act (joint coercion), the following circumstances, i.e., ① recognized by the evidence duly adopted and examined by the lower court.