폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
Defendant
All appeals filed by B, C, D, E, A, and F and those filed by the prosecutor against the Defendants are dismissed.
In order to find out G (the original co-defendant; the same shall apply hereinafter) against the part not guilty (the defendant C, D, E, or A’s violation of the Punishment of Violences, etc. Act) of the prosecutor’s assertion of mistake of facts, it is recognized that the above defendants shared the intent that the victim may exercise violence if the victim does not express his/her whereabouts, and thus, the defendant A’s act of causing injury to the victim constitutes a crime of violation of the Punishment of Violences, etc. Act (joint injury).
Nevertheless, the judgment of the court below that found Defendant A as a sole crime and found Defendant A guilty of an injury under the Criminal Act, and that the above Defendants not guilty of the violation of the Punishment of Violences, etc. Act (joint injury) was erroneous and adversely affected by the conclusion of the judgment.
Judgment
In light of the fact that the criminal appellate court has the nature as a post-trial but also has the character as a follow-up trial, and the spirit of substantial direct psychological principle as prescribed in the Criminal Procedure Act, in a case where the first instance court rendered a not guilty verdict on the facts charged on the ground that there is insufficient evidence to exclude a reasonable doubt after undergoing the examination of evidence, such as a witness, if it does not reach the extent to sufficiently resolve the reasonable doubt caused by the first instance trial as a result of the appellate trial’s examination, such circumstance alone alone does not lead to the conclusion that there was an error of misunderstanding of facts in the first instance judgment that lack of proof of crime (see, e.g., Supreme Court Decision 2012Do14516, Apr. 28, 2016). The lower court concluded that the first instance court’s judgment was erroneous in misunderstanding of facts against Defendant A when assaulting the victim, and that other Defendants actively told the victim, and that the Defendants prices the victim by nature, and that the Defendants surrounding the victim is to ask G.