폭력행위등처벌에관한법률위반(공동폭행)
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Defendant A did not submit a written reason for appeal within the period for submitting the written reason for appeal.
B. Although Defendant B (misunderstanding of facts) only told the other party in a situation where the other party display a pipe, did not assault the other party, and rather, did not assault the other party, the lower court convicted the Defendant of the facts charged in this case by misunderstanding of facts.
2. Determination
A. According to the records of the judgment on Defendant A’s appeal, the Defendant filed an appeal against the lower judgment on February 24, 2016, and on March 14, 2016, received notice of receipt of the record of trial from the lower court, but failed to submit the statement of reasons for appeal within 20 days, which is the period for submission of the statement of reasons for appeal as prescribed in Article 361-3(1) of the Criminal Procedure Act, even though it received notice of receipt of the record of trial from the lower court, and the petition of appeal does not contain any indication of reasons for filing the appeal, and there is
Therefore, the defendant's appeal is without merit.
B. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the grounds for appeal by Defendant B, the fact that the Defendant committed an assault against the victim jointly with the Defendant A as stated in the facts constituting the crime in the judgment below can be fully recognized.
Therefore, there is no error in the judgment of the court below as alleged by the defendant, and the defendant's assertion is without merit.
3. In conclusion, Defendant A’s appeal shall be dismissed by the ruling pursuant to Article 361-4(1) of the Criminal Procedure Act. However, as long as Defendant B’s appeal is rendered with respect to Defendant B’s appeal, it shall be dismissed by the ruling without separately rejecting the appeal. Since Defendant B’s appeal is without merit, Defendant B’s appeal shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That the “The Punishment of Violences, etc. Act” in Chapter 3 of the lower judgment is “The former Punishment of Violences, etc. Act”.