Text
The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal principle), the defendant's participation in the crime of this case with the intention of joint processing can be acknowledged. Thus, the judgment of the court below which acquitted the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion
2. The prosecutor changed the indictment to the indictment while maintaining the facts charged in the instant case, which was pronounced not guilty at the court below at the court below for the first time, as the primary facts charged, and filed an application for amendment of the indictment to the effect that the name of the offense was “special aiding and abetting special bodily injury,” and the applicable provisions of the law stated as “Article 258-2(1), Article 257(1), and Article 32(1) of the Criminal Act stated as follows.” This court permitted the application and added the same to the subject of the judgment.
[Preliminary facts charged] A, B, and C have assaulted the Victim F (20 years) at the time and place indicated in paragraph (1) of the facts constituting the crime as indicated in the judgment of the court below in the same manner as stated in paragraph (1) of the facts constituting the crime as indicated in the judgment of the court below, and have gathered to assault the Victim by moving the Victim F (20 years) to a single place without any people. The Defendant, upon receiving a request from A, B, and C, moved the Victim to a single place along with A, B, and C.
On April 24, 2016, the above A, B, C, and the Defendant moved the victim to the “cluor apartment complex” behind C in 18:30 on April 24, 2016, and moved from the victim to the “cluor apartment complex” in Yancheon-si, the victim’s hand, and the victim’s hand blick with the victim’s hand once, and the victim’s hand once, with the victim’s hand once, the victim’s hand blick with the victim’s hand once, and the victim’s hand blick with the victim’s hand once, the victim’s hand blick with the victim’s hand, and C had the blick pipe ( approximately 30cm in length, 200cm in diameter, and approximately 3 cm in diameter) which is a dangerous object on the vehicle, and at the same time, A means the victim’s fear of the victim’s brush to the effect that the victim’s brush “.”