폭력행위등처벌에관한법률위반(공동상해)등
Defendant
D and prosecutor's appeals are all dismissed.
1. Summary of grounds for appeal;
A. Defendant D (1) misunderstanding of facts is a fact that Defendant D (1) was committed by assault and assaulted by the victim J in order to escape from the victim, but there was no fact that the victim forced the victim to join the new scam scam scam. However, the lower court erred by misapprehending the fact that the Defendant attempted to force the victim to join the new scam scam scam scam, which is a violence organization, in collaboration with B and D.
(2) The lower court’s sentence on the Defendant of unreasonable sentencing is too unreasonable.
B. (1) The judgment of the court below which acquitted the Defendant of the joint injury portion with G, even though it was recognized that the Defendant was involved in the crime by following the victim’s injury at the time of the Defendant’s misunderstanding of facts (the Defendant A) committed the injury to the victim J, was erroneous in the misapprehension of facts.
(2) The lower court’s sentence against the Defendants (with respect to the entirety of the Defendants: one and half years of imprisonment, three years of suspended execution, one year of imprisonment, two years of suspended execution, two years of suspended execution, and two years of suspended execution) is too uneasy and unreasonable.
2. Determination
A. (1) A, and G around March 29, 2013, at the point of “I” located in Ulsan-gu H along with G around 03:50 on March 29, 2013, Defendant D’s assertion of mistake of facts, the main point of the facts charged was that Defendant D continued to join the victim J as a violent organization, but the Defendant was found to have entered the same as the main point at the latest, and confirmed the situation, and opened the table on the table, and then, the victim was bound by the victim’s “if he/she lives in the seat of the seat of the seat of the seat of the seat of the seat of the seat of his/her seat of the seat of the seat of the seat of the seat of his/her seat.” In addition, the Defendant continued to join the new seat of the seat of his/her seat of the seat of his/her seat of the
In this respect, the defendant jointly with B, A, and G had the victim perform a non-obligatory act by threatening him, but the victim did not refuse it and did not achieve it.