폭력행위등처벌에관한법률위반(공동폭행)
The defendant's appeal is dismissed.
1. Although the Defendant stated in the statement of reasons for appeal the mistake of facts and reasons for unfair sentencing, the Defendant withdrawn the allegation of reasons for unfair sentencing on the first trial date.
Although the Defendant did not assault the Victim D in collaboration with the wife C, the lower court committed unlawful acts affecting the conclusion of the judgment by misunderstanding that the Defendant, jointly with the wife C, was able to catch the victim’s head debt and scam the victim’s head debt and assaulted the victim by drawing the victim’s head debt.
2. In full view of the evidence duly adopted and examined by the court below, such as witness E and D’s statement at each court below’s original trial, investigation report (on the other party statement hearing report by the field police station), etc., the Defendant: (a) was seated on C and C, which was at around 01:10 on July 8, 2012, but was drinking together on the top of the breakwater located at Busan, 76 on the Danbro-ro; (b) at the time of the above breakwater, E, F, and victim D had a try from the day before the day before the above breakwater was cut, and the Defendant was able to look at the victim’s face within the breakwater, and (c) was able to have the victim’s twelth with the victim’s knish, and (d) the Defendant was able to have the victim’s twelth with the victim’s knish, and (e) the Defendant was able to have the victim’s face before the breakwater.