폭력행위등처벌에관한법률위반(공동폭행)
The prosecutor's appeal is dismissed.
1. The defendant's act was the starting point of time in the summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles), and the defendant's act was also the defendant's joint act in the course of assaulting the victims of B, and thus, the victim's arms were used. Considering these circumstances, the defendant's act of assaulting the victims with the intent of joint processing is recognized.
2. Determination
A. In light of the following circumstances, the lower court determined that the evidence submitted by the prosecutor alone was insufficient to recognize that the Defendant committed an assault against the victims jointly with B as stated in the instant facts charged, and that there was no other evidence to acknowledge it otherwise.
① In light of the background leading up to the Defendant’s sale of F and D, the degree of force that the Defendant used by his arms to get his arms, and the specific aspects of his arms, it is difficult to view that the Defendant intended to jointly process and realize the crime of assault against the victims of B as stated in the facts charged in the instant case, and rather, it seems that the Defendant avoided F and D’s arms in order to prevent further collision between B and F, or used D’s arms to make sure that they would go against D.
② D, F, and E made a concrete statement only for the acts of B at the police station, and the Defendant was mainly aware that the Defendant was subject to assault from the victim due to the fact that the instant dispute occurred due to his/her cather urology.
B. According to the evidence duly adopted and examined by the court below and the court below, it is recognized that the defendant and the B were the victims while fighting the horses with the victims and the defendant was sealed, and that they were the victims' arms.
However, at the time of the instant case, the Defendant’s physical contacts, such as breaking up the left shoulder of F, etc., by putting the Defendant back F’s left shoulder, etc., and the Defendant D.