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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and legal principles, the Defendant conspired with F, G, and H, as stated in the facts charged, did not assault the victim or destroy a vehicle owned by the victim, and although the Defendant has broken the window of a vehicle owned by the victim, this constitutes legitimate defense or emergency escape, and thus, the illegality of the facts charged in the instant case should be avoided. However, the lower court found the Defendant guilty of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.
2. Determination
A. 1) Determination as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine: (a) Determination as to the assertion that there was no competitive relation; (b) “When two or more persons jointly commit a crime of injury or assault” under Article 2(2) of the Punishment of Violences, etc. Act, the requirement that there exists so-called co-offender relationship between them; and (c) several persons should be the case where they committed a crime by recognizing and using another person’s criminal act on the same opportunity at the same place.
However, in relation to accomplices, conspiracy does not require any legal punishment, but only if two or more persons intend to jointly process and realize a crime, such recognition and use does not necessarily require to be formed before the crime is committed, and even though there were no common objectives of several challenges, they were not joint mothers of injury or assault.
Even if it is well known that the act of injury or assault is bound to necessarily be accompanied by that common purpose, and if it is directly involved in an act of injury or assault, or if it appears to be an act of injury or assault of another person, then the crime of injury or assault is committed in order or impliedly or in a manner that it appears to be an act of injury or assault.