폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
The sentence of punishment against the Defendants shall be suspended.
1. The summary of the grounds for appeal is that the defendants are punished as a matter of attracting victims and customers.
Defendant
B was the victim's head, and the defendant D used the victim's face to be the victim's hand, and assaulted the victim jointly with A and C. The defendants' act should not be regarded as an act of attack that goes beyond the passive act against the victim's face, and thus, it cannot be viewed as an act of attack that is reasonable in terms of social norms. However, the court below acquitted the defendants of the facts charged in this case on the ground that the defendants' act constitutes a legitimate act. Thus, the court below erred by misapprehending the facts, which affected the conclusion of the judgment.
2. On May 13, 2012, the Defendants, at around 13:00 on May 13, 2012, 200: (a) around the F cafeteria located in Ulsan Northern-gu M, G (28 years of age) and the issue of attracting customers, the Defendants were sufficiently punished.
A was sprinking the breath of the victim, was sprinking the victim's head, etc., Defendant B took the victim's head, etc., Defendant C took the victim's head once in drinking, and Defendant D was able to have the victim's face, etc. several times by hand.
As a result, the Defendants jointly with A and C brought about the need to provide approximately three weeks of medical treatment to the victims.
3. 원심의 판단 원심은 그 거시 증거들에 의하여 인정되는 다음과 같은 사정 즉, G의 머리카락이 뽑히고 얼굴에 할퀸 상처가 있는데, 피고인들 외에 G에게 위와 같은 상처를 가할 만한 사람이 없어 보이는 점 등에 비추어 피고인들이 공소사실 기재와 같이 피해자를 폭행한 사실을 인정할 수 있으나, 한편, 그 거시 증거들에 의하여 인정되는 다음과 같은 사정 즉, ① 이 사건 당시 피고인 B은 29세의 여성, 피고인 D는 54세의 여성으로서 피고인 B은 G로부터...