폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Of the facts charged in the instant case, joint assault against the victim C shall be acquitted. The victim D among the facts charged in the instant case.
1. On July 16, 2013, around 04:40 on July 16, 2013, the Defendant and E, from the point of the charge, took one time the victim C’s face of the victim D(30 years of age) by drinking, and taking one time the victim D(30 years of age)’s face of the victim D(30 years of age) by drinking, in front of the “G main store” located in the F of the G main store in the G main. E, without permission of the victim C(32 years of age), took two times of drinking, and the Defendant took three times of drinking.
Accordingly, the defendant and E jointly committed violence to the victims.
2. Determination
A. The defendant's assertion that there is no fact that the victim C was in time, and there is a fact that the victim D's face was three times, but it does not assault the above victim in common with E.
B. Determination 1) The phrase "two or more persons under Article 2 (2) of the Punishment of Violences, etc. Act requires that there exist co-offenders among them. It refers to the case where two or more persons recognized the crimes of different persons on the same opportunity at the same place (see, e.g., Supreme Court Decision 85Do325, Jun. 11, 1985) and committed a crime using them (see, e.g., Supreme Court Decision 85Do325, Jun. 11, 1985). According to the health records and records of the case, E and the victim first were in dispute with tobacco problems, while E and the victim were in drinking in front of the above packing toilet, and the victim C got out of the list of the victim C, and the victim C was sent out to the victim's face, and the victim responded again to the defendant's face at the time of arrival, and the defendant responded again to the investigation, and the defendant was called to the defendant's face at the time of arrival.