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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 300,000 won, and a fine of 200,000 won.
Reasons
Defendant B did not have any interest with the victim and did not have the intent of assault. Defendant A had committed any contingent assault by interested in numerical scambling speech by the victim. As such, the Defendants conspired to commit assault against the victim.
shall not be deemed to exist.
In addition, when Defendant A and the victim are able to contact the victim during the process of fighting fighting with each other, but Defendant B did not assault the victim (the defense counsel of the Defendants suffered the "injury" in the written opinion of the victim on October 15, 2017).
Although the Defendants’ act cannot be seen as a legitimate act, they asserted that the illegality should be avoided, this part of the argument is incompetence to the submission period of the appeal as well as the subsequent submission period.
As no grounds for ex officio investigation cannot be found in relation to this, the above argument is not separately determined. Sentencing with respect to the Defendants (Defendant A: fine of KRW 1 million, Defendant B: fine of KRW 700,000) of the lower court is too unreasonable.
Article 2(2) of the Punishment of Violences, etc. Act provides that “When two or more persons jointly commit a crime of injury or assault,” as to the assertion of mistake of facts as to the grounds for appeal requires that there exists a so-called co-offender relationship among the several persons. It should be the case where several persons are aware of another person’s crime in the same opportunity at the same place, and used it to commit a crime (see Supreme Court Decision 90Do2153, Jan. 29, 191). However, in a joint principal offender who jointly commits a crime through a joint processing by two or more persons, a conspiracy or conspiracy does not require any legal penalty, but only a combination of intent to realize the crime by combining two or more persons to jointly process the crime, and there was no process of the whole conspiracy.
(b)if any;