폭력행위등처벌에관한법률위반(공동상해)
The defendant's appeal is dismissed.
The gist of the grounds for appeal is that the Defendant, by misapprehending the legal principles of the grounds for appeal, assaulted the victim jointly with A and C in the “I” restaurant located in ASEAN (hereinafter “the instant restaurant”). However, outside the instant restaurant, there was no fact that the victimized person committed an act other than the victim’s chest to avoid drinking continuously with the Defendant, and the victim’s injury was caused by the Defendant’s act.
Therefore, even though the defendant's act constitutes a crime of violation of the Punishment of Violences, etc. Act (joint assault) and does not constitute a crime of violation of the unconstitutionality of the Punishment of Violences, etc. (joint assault), the judgment below which found the defendant guilty is erroneous in the misapprehension of legal principles.
The punishment sentenced by the court below (6 months of imprisonment, 2 years of suspended sentence, 240 hours of community service) is too unreasonable.
Judgment
"When two or more persons jointly commit a crime of violence" under Article 2 (2) of the Punishment of Violences, etc. Act as to the assertion of misunderstanding of legal principles requires that the two or more persons exist the so-called co-offender relationship. In addition, where several persons are aware of the crimes committed by another person on the same opportunity at the same place, and used them to commit a crime (see, e.g., Supreme Court Decisions 95Do1642, Feb. 23, 1996; 2013Do430, Nov. 28, 2013). In addition, one or more persons conspired to commit a crime and jointly process a crime, and it is sufficient that there is an implied communication between the accomplices who intend to jointly commit the crime, directly or indirectly, with respect to the co-offenders who have the intention to commit the crime, and there is sufficient evidence to acknowledge it by the empirical rules.
In addition, the joint commission of a crime by conspiracy is to realize the requirement of crime by all accomplices.