beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In spite of the fact that the Defendant, in collaboration with D, committed a bodily injury to the victim by force of violence, such as populated the body of the victim or breaking his head, etc., the lower court convicted him of the facts charged in this case. In so doing, the lower court erred by misapprehending the legal doctrine on the crime of violation of the Punishment of Violences, etc. Act (joint injury) and thereby adversely affecting the conclusion of the judgment.
B. The sentence of a fine of KRW 700,000 imposed by the court below on the defendant is too unreasonable.
2. Article 2(2) of the Punishment of Violences, etc. Act provides that “When two or more persons jointly commit a crime listed in any of the subparagraphs of paragraph (1), punishment shall be aggravated by up to one half of the punishment provided in each of the above Articles of the Criminal Act.” Here, “If two or more persons jointly commit a crime,” it refers to where several persons in the relationship of accomplices are aware of another person’s crime at the same time and use of the same opportunity.
(see, e.g., Supreme Court Decision 2009Do7622, Dec. 10, 2009). Meanwhile, since the crime of injury is a result crime, the establishment of such crime is sufficient when there exists a perception of assault, which is the cause of the injury, and there is no need for the existence of an intention to inflict injury.
(See Supreme Court Decision 83Do231 delivered on March 22, 1983, etc.). In light of the above legal principle, the following circumstances acknowledged by the health team, the court below and the evidence duly admitted and investigated by the court below as to the instant case, namely, ① the Defendant informed the victim from the Defendant’s home to the front door of the front door by pushing the victim out of the front door of the front door on the grounds that the victim gets her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her