폭력행위등처벌에관한법률위반(공동상해)
All appeals by the Defendants and the Prosecutor are dismissed.
1. The first instance court found Defendant B guilty of the Defendants’ injury to Defendant E among the facts charged against the Defendants, the Defendants’ violation of the Punishment of Violences, etc. (joint assault) against the victim F, and found Defendant B’s violation of the Punishment of Violences, etc. Act (joint assault). Defendant B’s violation of the Punishment of Violences, etc. (joint injury) against the victim E, violation of the Punishment of Violence, etc. (joint injury) and violation of the Punishment of Victims E and F, and violation of the Punishment of Violences, etc. (joint injury) against the victim E and F. However, the first instance court acquitted the Defendants of the charge of violation of the Punishment of Violences, etc. (joint assault) against F, which is related to the crime of violation of the Punishment of Violences, etc. (joint assault) and the Punishment of Violences, etc. against the victim E. (joint injury).
For this reason, the prosecutor filed each appeal on the grounds that the guilty part of the judgment of the court of first instance and the acquittal part are erroneous in fact and the sentencing is unfair, and the defendants filed each appeal on the grounds that the facts are mismisunderstanding and the sentencing is unfair.
Before remanding, the judgment of the court of first instance reversed the part of the judgment of the court of first instance against Defendant B and the part of the conviction against Defendant A (including the part of the acquittal of reasons), and sentenced the Defendants to six months of imprisonment, and sentenced that the prosecutor’s appeal against Defendant A’s violation of the Punishment of Violences, etc. Act (joint injury) against Defendant E was dismissed.
On the other hand, only the Defendants filed an appeal against Defendant A and the part on Defendant B in the judgment of conviction before remanding the case. While the Supreme Court held that the Defendants’ ground of appeal against the second assault against the victim F is groundless, the judgment of the court prior to returning the case is disadvantageously changed.