폭력행위등처벌에관한법률위반(공동상해)
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds for appeal (fact-finding) victim E’s statement, it can be acknowledged that the defendant, while having sealed his body with the victim, has inflicted bodily injury upon A and A, and although the defendant and A can be recognized that they jointly inflicted bodily injury on A, it is difficult to view that the defendant had an accomplice relation with the crime of bodily injury, and the part of the defendant who committed violence solely by the victim was found to have expressed intention not to punish the victim, which affected the conclusion of the judgment by misunderstanding the fact that the court below rendered a judgment dismissing the prosecution.
2. At around September 22, 2012, the Defendant and A jointly carried out the instant facts charged, and around September 22, 2012, on the following grounds: (a) around September 4, 2012, the victim E (the age 52) found in the D Apartment Building in Seongdong-gu Seoul Metropolitan Government, under the influence of alcohol and gave inconvenience to the passage of a driving school vehicle; (b) Defendant B was tightly sealed the victim by hand; and (c) Defendant A suffered injury, such as luminous bones, flaps, and flake, which require treatment for about six (6) weeks when taking the face of the victim by drinking.
3. According to the evidence submitted by the prosecutor, the court below held that the defendant could recognize the fact that he was breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breathly breastly breastly breath