폭력행위등처벌에관한법률위반(공동상해)등
Of the judgment of the court of first instance, the part against Defendant A and the part of the judgment of the court of second instance excluding compensation order.
1. Summary of grounds for appeal;
A. The imprisonment (three years of imprisonment) imposed by the lower court on Defendant A (the part concerning the fraud offense) is too unreasonable.
B. In full view of the prosecutor’s (misunderstanding of facts as to the violation of the Punishment of Violences, etc. Act) and the victim H, J, K, and G’s investigation agencies and the record of the written diagnosis of injury to the victim H, the Defendants may fully recognize the fact that the Defendants inflicted an injury by assaulting the victim as stated in this part of the facts charged.
Nevertheless, the first instance court rendered a not-guilty verdict on this part of the facts charged, and the first instance court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination on the prosecutor’s appeal
A. Prior to the judgment of the prosecutor's ex officio decision on the grounds for appeal by the defendant A, the prosecutor tried to examine the facts charged in violation of the Punishment of Violence, etc. Act (joint injury) against the defendant A ex officio, and the prosecutor added "in the name of the crime" to the applicable provisions, and "Article 260 (1) of the Criminal Act" to the applicable provisions of the Act, and applied for changes in the indictment to add the same contents as the facts charged below to the above facts charged. Since this court permitted this, the part of the judgment of the court of first instance as to the defendant A cannot be maintained any more.
However, notwithstanding the above reasons for ex officio destruction, the prosecutor's argument of mistake of facts against the defendant A is still subject to a judgment of the court, so this shall be examined as follows along with the prosecutor's argument of mistake of facts against the defendant B and C.
B. According to the Prosecutor’s misunderstanding of the facts, the first instance court’s determination on the Prosecutor’s misunderstanding of the facts, the Defendant A, while assaulting the Victim for at least one hour in a non-discriminatory manner, has a face to be taken by the victim and witness J, G, and K.