폭력행위등처벌에관한법률위반(공동폭행)
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. Fact misunderstanding 1) Defendant A: (a) deemed the victim as a dry field where he was stuffed to the victim; (b) deemed the victim’s left part of the part left part of the victim’s domination; and (c) there was no fact that the victim was standing as a dry field on his own; and (d) he was leading the victim’s arms.
Defendant
B The victim demanded the victim to extract posts, and only left retail part of the victim's occupied part was left, and there was no part of the sale.
2) The Defendants’ act is not a separate act, and thus, cannot be applied to the Act on the Punishment of Violences, etc., and there was an expression of intent not to punish the victims by reconciliation with the victims.
3) Since the victim’s act of loading and piling up illegal wastes on the ground of Defendant A is a tort, the Defendants’ demand that the victim remove the posts against the victim is justified as a legitimate defense or legitimate act to protect the victim’s current infringement.
B. The sentence sentenced by the lower court to the Defendants (a fine of one million won) is too unreasonable.
2. Determination
A. 1) Determination on the assertion of mistake of fact 1) Determination on the assertion that the victim did not assault the victim is acknowledged based on the evidence duly adopted and examined by the court below, the following facts and circumstances are acknowledged.
(1) At the time of the instant crime from the investigative agency to the court of first instance, the victim consistently and specifically stated the Defendants’ act, the victim’s side and response, the victim’s situation before and after the commission of the crime, etc., and the victim’s criminal behavior does not conflict with the victim’s criminal behavior immediately after the commission of the crime. As such, the victim’s statement does not appear to be false.
(2) At the time of the crime of this case, Defendant A demanded the victim who worked in the dry field of the victim to extract posts directly from the victim, and put the victim’s arms.