폭력행위등처벌에관한법률위반(공동폭행)등
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by a fine of one million won.
Defendant
B.
1. Summary of grounds for appeal;
A. Defendant A (1) The Defendant misunderstanding the fact that he reported the form of the victim harming B, thereby resisting the victim, and did not assault the victim.
(2) The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.
B. Defendant B(1) was aware of the fact that Defendant A did not assault the victim, and thus, Defendant used the victim jointly with A to assault the victim.
subsection (b) of this section.
(2) The judgment of the court below which sentenced a more severe punishment than that of the summary order against the defendant who requested formal trial upon receiving a summary order of KRW 1 million by misunderstanding the legal principles, violates the principle of prohibition of disadvantageous alteration.
(3) The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.
2. The lower court dismissed the prosecution against Defendant A among the facts charged in the instant case, and convicted Defendant A of the remainder of the facts charged against Defendant A and the facts charged against Defendant B.
Although the Defendants appealed against this, there was no benefit in appeal as to the dismissal part of the above indictment against Defendant A among the judgment below, the dismissal part against Defendant A in the judgment below became final and conclusive separately.
Therefore, among the judgment below, the dismissal part of the above indictment against Defendant A is excluded from the object of this Court's judgment, and only the guilty part against Defendant A and only the part against Defendant B are subject to this Court's judgment.
3. Determination
A. According to the following circumstances, the lower court’s judgment on the Defendants’ assertion of mistake of facts and the evidence duly admitted and investigated by the court of the first instance, the Defendants’ joint assaulted the victims may be fully recognized.
Therefore, the Defendants’ assertion of factual mistake is without merit.
(1) The details of the instant case from the police to the court below are consistent as follows.