폭력행위등처벌에관한법률위반(공동상해)
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. As stated in the judgment below, the Defendants did not commit an injury to the victim D by assaulting or jointly joining the victim E, her mother, as stated in the judgment below.
B. The punishment of the lower court (Defendant A: 4 months of imprisonment, one year of suspended sentence, 40 hours of community service, 6 months of imprisonment, 2 years of suspended sentence, 40 hours of community service) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the lower court’s judgment as to the assertion of misunderstanding of facts and legal doctrine and the evidence duly admitted and investigated by the court below, Defendant B assaulted the victim E who is her mother, and the Defendants jointly committed an injury to the victim D, so the Defendants’ assertion on this part is without merit.
① The victims made a relatively concrete and consistent statement from the investigative agency to the party in question on the background, details, etc. of the assault or injury inflicted by the Defendants.
② On the day of the instant case, Defendant B, the birth of Defendant B, along with the victim D, moved from the Defendants’ house to the hospital immediately after the Defendants’ house. The victim D’s situation appears to have been serious and reported to the 112, and the police called the hospital.
③ The victim D was issued a written diagnosis of injury on the day of the instant case, and the part and degree of the injury indicated therein correspond to the cause and circumstance of the injury alleged by the said victim, and it is difficult to find out the circumstances where the said victim could suffer injury due to any other cause except the instant case.
B. It is reasonable that the Defendants have favorable conditions, such as having no record of criminal punishment against the Defendants with regard to the illegal argument of sentencing.
However, in this case, Defendant B assaulted Defendant B, her mother, and the Defendants jointly inflicted an injury upon Defendant B, who is a partner of Defendant B, requiring approximately three weeks of medical treatment.