폭력행위등처벌에관한법률위반(공동상해)
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is that the defendant's assault committed by the defendant, thereby causing sacrificings and tensions, and even if such facts are not clear, as long as each assault committed by the defendant and A concurrently resulted in the result of the victim's injury, the defendant shall be punished as joint principal offenders under Article 263 of the Criminal Act (Special Cases concerning the East Model). Thus, the judgment of the court below that only the crime of assault was established is erroneous by misunderstanding of facts
2. According to the evidence duly adopted and examined by the lower court, the Defendant: (a) around 20:0 on April 4, 2013, 201; (b) around 20:00, she was sealed with the victim’s head debt, and was sealed by the Defendant; (c) the husband of the Defendant, who observed the fright, when she was broken or taken the victim’s chest with the victim’s chest due to drinking and growth; and (d) at the time, the victim was inflicted a bodily injury on the left-hand side of the flive frame, the flatus of the 3rd left-hand flat, the flat of the fl
However, the following circumstances acknowledged by the above evidence, i.e.,: (a) at the time, A exercised force on the part near the trend of the victim, such as cutting down the victim's timber (the victim's statement in the court below) and taking the victim's left-hand shoulder; and (b) the victim has been used as a part of the remaining defendant under the influence of alcohol prior to his assault by the defendant and A; (c) the possibility that the victim suffered bodily injury in the course of the assault and tension may not be ruled out; (d) the defendant and the victim suffered bodily injury in the light of the following facts: (a) at the time, the victim used the head of each other; (b) it appears that the victim was not injured by the defendant; and (c) it was the same as the victim.