All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

가. 사실오인 및 법리오해 피고인들이 5초 정도의 짧은 시간에 피해자에게 상해를 가하는 것이 쉽지 않고, 피고인 B가 발로 피해자를 찼는지도 의문이며, 당시 피고인들은 피해자와 서로 대치한 상태에 있었던 정도에 불과하다.

In addition, only video images taken of physical fighting between the Defendants and the victims are not sufficient to readily conclude that the result of the victim's bodily fighting was caused by such physical fighting.

In addition, the Defendants did their own actions, and they did not inflict an injury on the victim.

Nevertheless, the lower court erred by misapprehending the facts and by misapprehending the legal doctrine, thereby adversely affecting the Defendants.

B. The sentence imposed by the lower court on the Defendants (a fine of one million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the so-called "when two or more persons jointly commit the crime of injury" under Article 2 (2) of the Punishment of Violences Act requires that there exists the so-called co-offender relationship between them. In addition, several persons recognize the crimes committed by another person on the same opportunity at the same place and commit the crime by using them. In the co-principal who jointly processes and commits the crime, the conspiracy or conspiracy does not necessarily have to be explicitly expressed, and in any case, the intention to jointly process the crime and jointly realize it may be achieved. However, in any case, there is a combination of intent to jointly realize it. In a case where the defendant denies the criminal intent together with the conspiracy, the facts constituting such subjective element have to be proved by the method of proving indirect facts or circumstantial facts having considerable relation to the criminal intent due to the nature of things.

Supreme Court Decision 2013Do4430 Decided November 28, 2013