beta
Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of 300,000 won.
Defendant
A.
Reasons
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below found the Defendants not guilty of the facts charged in this case, even though the Defendants jointly committed an injury to the victim as stated in the facts charged.
2. Before the judgment of the prosecutor on the grounds of appeal by authority, the prosecutor examined the case ex officio prior to the judgment on the grounds of appeal by the prosecutor, and the prosecutor applied for amendments to the indictment to the effect that the facts charged as to the violation of the Punishment of Violences, etc. Act (joint injury) against the previous Defendants are maintained as the primary facts charged and added the charges concerning the assault as stated below to Defendant A, and this court permitted it to do so, thereby changing the subject of the trial. Therefore, the part against Defendant A among the judgment below was no longer maintained.
However, the prosecutor's argument about the primary facts charged still is subject to the judgment of this court, despite the reason for the above ex officio destruction.
3. Judgment of misconception of facts as to the primary facts charged
A. On May 14, 2013, at around 19:54, the Defendants jointly committed an act of assaulting the victim E in front of the vehicle in front of the Defendant B, on the ground that the victim E parked in the street of the D apartment 102-dong, Namyang-si, Namyang-si, on the ground that the victim E parked in the front of the vehicle in front of the Defendant B. Defendant A committed an act of assaulting the victim, such as cutting the ethroth, getting out of the vehicle, taking a bath, walking the bridge, walkinging the bridge, etc., and Defendant B committed an act of assaulting the ethroth of the ethroth and tension, thereby causing injury to E for 14 days.
B. As to the violation of the Punishment of Violences, etc. Act (joint injury) against the Defendants, the lower court, based on the evidence duly adopted and examined by the lower court, committed the above facts charged for the reasons stated in its holding.