폭력행위등처벌에관한법률위반(공동상해)
The defendant's appeal is dismissed.
1. The judgment of the court below which found the Defendant guilty of the facts charged in this case was erroneous in finding the Defendant guilty, although the gist of the grounds for appeal (the factual error) did not harm the victim.
2. Following circumstances acknowledged by the judgment of the court below and the court of first instance by the evidence duly admitted and examined. ① The victim E has consistently stated from the investigative agency to the court of first instance that “the other male (the male) who was examined together with the defendant has taken time from the victim’s face, and the defendant also has taken time off the victim’s face with knenee, and C has taken off the victim’s head kne.” While there is a change in the victim’s appearance, each statement made at the victim’s name knee, but there is a change in the number of the victim’s name knee, the situation within the main point of operation of C (including the number of persons at that time), especially the situation before and after the crime of this case, such as the escape of the name knee, and the victim’s face before and after the fighting, the victim’s testimony and the victim’s testimony were not sufficiently doubtful from each of the above investigation agencies (the victim’s testimony and testimony at the court of first instance).