폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of erroneous determination of facts, the Defendant was at the scene where D, who was known to the Defendant, had been at the time of the victim K and N, but he was in the vicinity of D with other figures in order not to participate in the crime of injury. However, in order for himself to not participate in the crime of injury of D, he was in the division of opinions with other figures. The Defendant exercised collective power by creating a threatened atmosphere along with D, which is the vessel of the “Northwest”, the name of a violent organization, as well as E, and the cause of its subsequent distribution, etc., and did not completely inflict any injury on the victims.
B. The sentence imposed by the court below (one year and six months of imprisonment, two years of suspended execution) is too unreasonable.
2. Determination
A. The judgment of the court below and the court of first instance on the assertion of mistake of facts revealed the following circumstances, i.e., the victim N made a statement to the effect that "the defendant, at the time when the victims were injured, engaged in severe humiliations and threats to the victims together with other violent investigators at the time when the victims were sent, and many assistant employees, including the defendants, including the defendants, made a prompt statement to the effect that "the victims caused considerable fear of fear by taking 90 degrees of harm," and the victim K also made a statement to the same effect. ② Even if the defendants and assistant employees actively participated in the crime of the above injury at the time of the crime of D and did not directly inflict any direct injury on the victims, if multiple violent investigators were to act in accordance with the victim's instructions by contact with D, which is the cause of the vessel operation, and expressed that they did not specifically perceive that the victims or the victims were able to exercise their influence at the scene and place, and that they did not have any considerable desire to the victims.