beta
Text
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of one million won.
The defendant above.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor, such as the judgment of perjury case against witness I, the fact that C does not only flick the victim's flick, but also caused the victim's bodily injury as stated in the facts charged in this case. Moreover, even if the location of the assault case between C and A and the defendant is different, the conspiracy relation between C can be sufficiently acknowledged in light of the distance between the time and place.
Nevertheless, the court below denied the relation of conspiracy and injury and recognized only the crime of assault against the defendant. The court below erred in the misapprehension of facts.
B. The sentence of the lower court that is unfair in sentencing (a sum of KRW 300,00) is too unhued and unreasonable.
2. Determination
A. The summary of the facts charged in the instant case is C, A, and the Defendant are the daily workers on the construction site, and the victim E (56) is the head of the team at the construction site.
C, at around 22:05 on July 31, 2015, at the frequency of “G” located at the entrance of the Busan FY market, the victim was not paid wages in May 2015, while the victim talked about the fact that he was not paid wages in May 2015, and C came from the frequency of the above frequency, and C took the victim's face as drinking and walking back back to sprink, and A was sprinked by sprinking the victim's breath, and the Defendant was spacked with the victim's breath.
As a result, C, A, and the Defendant jointly put about approximately four weeks of medical treatment to the victim, and put about a closed frame of the entrance in need of medical treatment.
B. The lower court determined that the victim’s statement was made as evidence consistent with the facts charged of the instant case, and that is, the following circumstances revealed by the records of the instant case, namely, ① the victim jointly committed the instant injury in the police investigation by C, A, and the Defendant in common.
Although the prosecutorial investigation and this court made a statement that seems to reverse it as seen below, the victim is the prosecutorial investigation and the victim are the prosecutorial investigation.