폭력행위등처벌에관한법률위반(공동상해)
All appeals filed by the prosecutor against the Defendants are dismissed.
1. Summary of the grounds for appeal;
A. As to the violation of the Punishment of Violences, etc. Act (joint injury), the court below rendered a judgment not guilty of this part of the facts charged despite credibility in the victim H's statement, and evidence such as I's statement, injury diagnosis statement, etc. corresponding thereto. The court below erred in the misunderstanding of facts.
B. The court below acquitted the victim I of this part of the facts charged, despite the fact that the victim I's statement is credibility in the victim I's statement, the defendant B also recognized the fact that the victim's body was sealed, and even if the victim's body was teared, there is no physical force such as tearing, etc., the court below acquitted the victim of this part of the facts charged. The court below erred in the misapprehension of facts.
2. Determination
A. The summary of the facts charged is that Defendant A and Defendant B engaged in agriculture and are directors of F-friendly society.
1) On October 23, 2013, Defendants in violation of the Punishment of Violences, etc. Act (joint injury) demanded the auditor of the clan Association to leave the meeting room to the auditor H (68 years old, south) of the clan in order to meet the settlement of accounts and operation of the last-class meeting operation expenses at the F-class meeting office located in Namyang-si, Namyang-si. Defendant A had the victim h (68 years old, south) with the breath of the victim, and Defendant B had the dives of the victim with the breath of her arms, etc., and Defendant B had the dives of 14 days with the victim’s breath of her arms, etc., at the price of the victim’s breath of her arms, and caused the victim’s injury jointly. Accordingly, Defendant B used the b to have the victim’s assault as mentioned above.
B. The lower court’s determination 1) As to the violation of the Punishment of Violences, etc. Act, it is difficult to believe the victim H and I’s statement that seems to correspond to this part of the facts charged, and the statement and the statement of injury by J are alone.