폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
All appeals are dismissed.
The grounds of appeal are examined.
1. Although examining the reasoning of the lower judgment on the Defendant’s grounds of appeal based on evidence, the lower court did not exhaust all necessary deliberations, and did not err by misapprehending the facts contrary to logical and empirical rules, contrary to what is alleged in the grounds of appeal.
2. Although examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, the lower court reversed the first instance judgment and rendered a not guilty verdict on the grounds that the instant facts charged (excluding the part concerning the charge) constitute a case where there is no proof of crime, contrary to what is alleged in the grounds of appeal, did not
On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state the grounds of appeal in the petition of appeal or the appellate brief concerning the guilty portion.
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.