폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
All appeals by the Defendants are dismissed.
The summary of the grounds for appeal is as follows: (a) Defendant 2 had been on the street prior to the access road to the Southern Daejeon International City, which is the site of this case; (b) at the time, Defendant only conspired to commit a crime with Q, etc. as stated in this part of the facts charged; and (c) Defendant did not have intentionally damaged the victim CT vehicle or intentionally inflicted injury on the victim CX, the lower court found Defendant 2 guilty of this part of the facts charged.
The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.
Defendant
C (unfair sentencing) The sentence (one year of imprisonment) sentenced by the court below is too unreasonable.
Judgment
Defendant
At least two co-offenders who jointly process the facts alleged in B in a crime, the conspiracy does not require any legal penalty, but is only a combination of two or more persons' intentions to jointly process a crime and realize such crime. Thus, although there was no process of the whole conspiracy, the conspiracy was not required.
In light of the above legal principles, the court below's evidence duly adopted and investigated reveals the following circumstances: (a) on July 25, 2013, where a group of researchers of violent organizations, including Defendant B, are gathered into the first parking lot of the National Institute of Science and Technology, Daejeon-gu, Daejeon-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, and the reason why a group of researchers of "GP," including Defendant B was gathered into the first parking lot of the National Institute of Science and Technology (hereinafter "JP"), even if they were not directly involved in the act of implementation unless they were directly involved in the act of implementation (see, e.g., Supreme Court Decision 2001Do4947, Jul. 26, 2002).