폭력행위등처벌에관한법률위반(공동상해)등
All the judgment below is reversed.
Defendant
A shall be punished by a fine of 200,000 won.
Defendant
A The above fine shall be imposed.
1. Summary of grounds for appeal;
A. As to the Defendants’ criminal facts of the lower judgment, Defendant BC did not inflict an injury on the victim AP, BD, AW, and BE, and rather, Defendant B was assaulted by the said victims.
The Defendants did not intend to enter the building in Jongno-gu Seoul Metropolitan Government AV (hereinafter referred to as “AM”), and did not inflict any injury on the victims, and the Defendants did not conspired to commit the above crimes.
Also, the Defendants’ act constitutes self-defense.
B. The sentence of the Prosecutor’s appeal (the suspended sentence of a fine of KRW 300,000,000,000) declared by the lower court is unreasonable.
2. Judgment on the misunderstanding of facts and misapprehension of legal principles by the Defendants
A. The following facts can be acknowledged in full view of the evidence duly admitted and examined by the court below as to the crime No. 1 of the court below.
1) At around 18:40 on July 16, 2008, Defendant BC, along with B, moved off the CA, the representative director of AM, andCC, to the front of the AM vehicle. 2) The victim AP, BD, BE, and A, which are the AM counseling team, were obstructed from accessing the vehicle and pushed off the vehicle out of the vehicle. Defendant BC and B were fighting victims and B were fighting with victims.
3 In the process of physical fighting above, the victim AP suffered a scarcity, right scarbing, examination, and examination, the right scarbing, the victim BD suffers from a scarbing scarbing scarb, the right scarbing scarb, the light scarbing, the scarbing on the left side, the scarbing on the back side, the back side scarbing on the right side, the victim BE suffered a scarbing on the right side, the right side scarbing on the right side, and the victim AW suffered a scarbing
On the other hand, Defendant BC asserted that it is difficult for the victims to believe their statements or written diagnosis of injury, but more than two years have passed since the victims committed the instant crime.