폭력행위등처벌에관한법률위반(공동상해)등
All appeals by the Defendants are dismissed.
1. The summary of the grounds of appeal (misunderstanding of facts) did not cause injury to the victim, and the victim’s words as stated in the facts charged are merely causing injury to the victim, and there was no intent or threat to the victim, and the victim did not appear to be frighten or threatened with the victim. In light of the circumstances of this case, the illegality is excluded to the extent acceptable in light of the social norms.
2. Determination
A. The following facts can be acknowledged by the lower court’s duly admitted and investigated evidence regarding the violation of the Punishment of Violences, etc. Act (joint injury). In other words, the victim has made a specific and consistent statement about the circumstances in which the victim suffered an injury from the Defendants from the investigative agency through this court, and ② the name of the victim and the part of the injury in the medical certificate issued by the victim correspond to the victim’s statement.
Although the victim asserts that the injury was caused by the victim’s side treatment, it is difficult to view that such injury was caused by the side treatment, the victim suffered from the injury, in addition to the light base, such as the string, face, and impairment of the satisf around the snow, such as the satisfing, face, and the satisf around the snow. Since the satisfe and the satisfe are in accord with the victim and the Defendants’ partial statements about the progress of the body fighting, such injury is difficult.
③ Defendant A stated in the investigative agency that “the victim attempted to get off and off from the vehicle, and caused the victim to get off and getting off, and she was fighting on his body by putting the F’s shoulder up and getting out of the vehicle, etc.” (Article 47, 48 of the investigation record), Defendant B also made a statement consistent with this at the investigative agency (58 pages of the investigation record), etc., the fact that the Defendants jointly inflicted an injury on the victim, such as the facts charged.