폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
Defendants are not guilty.
1. The decision of the court below that found the defendants guilty of a violation of the Punishment of Violences, etc. Act (joint injury) although the defendants did not inflict an injury as stated in the judgment of the court below, the court below erred by misunderstanding the facts.
2. Determination
A. The Defendants in the facts charged of the instant case are the persons expelled from the D church around April 2014, and victims E (22 ) are the members of the said D church, and the Defendants were the members of the said D church.
On June 29, 2014, in collaboration with F and G, the victim was found to smoke in the street near the above church located in Daegu-gu H on June 29, 2014.
Defendant
A expressed the victim’s desire to be “I am feas feul feul,” and the victim resisted the victim’s body in his hands, and Defendant A her hand pushed the victim’s body several times, and Defendant B her hand carried the victim’s body and pushed the victim’s body in his hand, thereby getting the victim over the floor, and F and G put the victim over the victim’s body, and F and G are surrounded by the victim’s surrounding area.
As a result, the Defendants, in collaboration with F and G, suffered injury to the victim, such as catum salt in need of approximately two weeks of treatment.
B. The judgment of the court below
B. The lower court found the victim guilty of the instant facts charged on the grounds of the victim’s statement in the lower court’s trial.
(c)
The following facts and circumstances can be acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the trial court. In other words, the victim made a relatively detailed statement at an investigative agency as to the situation at which the Defendants inflicted an injury upon the victim, but the court of the lower court stated otherwise to the effect that the situation at the time of the injury was not accurately memoryd, etc., and the content of CCTV video CDs, etc., such as field photographs, video pictures, and screen image CDs, in which on-site conditions are recorded, are merely a material on the conduct of the Defendants and the victim before and after the instant crime.