폭력행위등처벌에관한법률위반(공동상해)
All appeals by the Defendants and the Prosecutor are dismissed.
1. The court below dismissed Defendant C’s prosecution concerning Defendant C’s assault and sentenced Defendant C guilty of the remainder of the facts charged. Since the prosecutor did not appeal as to the dismissal of prosecution, the part on dismissal of prosecution is confirmed as it is, the scope of trial in this court is limited to the guilty part of the judgment below.
2. Summary of grounds for appeal;
A. Defendant A’s assertion that the sentence imposed by the lower court on the Defendant (a fine of three million won) is too unreasonable.
B. Defendant B’s assertion that the sentence imposed by the lower court on the Defendant (a fine of three million won) is too unreasonable.
C. Defendant C’s assertion only once made the face of A and did not have any fact at the time of F in front of A. However, the judgment of the court below which found Defendant C guilty of this part of the facts charged is erroneous in misunderstanding of facts.
The prosecutor's assertion that the court below sentenced the defendant C to the punishment (two years of imprisonment with prison labor for four months, two years of probation, and community service order) is unfair.
3. Comprehensively taking account of the circumstances duly stated in the lower court’s determination of the mistake of facts by Defendant C and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, Defendant C (hereinafter “Defendant”) may be recognized as having inflicted an injury upon the Victim F by assaulting the Victim F.
Therefore, the defendant's assertion of mistake is without merit.
① According to CCTV images [Evidence 22 No. 20171220,0200,0200-2 files and evidence 33 attached, the specific time period of which shall be based on the above chemical improvement file], the victim speaks A in the state of drinking and drinking, the defendant turns on the back side of the victim's right side and the right side of the victim's right side, and is displayed on the left side from the right side (01:00), and immediately after the defendant puts drinking, A.