beta
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), although the court below erred by misapprehending the facts or misapprehending the legal principles as to joint injury, it was found that the defendant, together with H and J, abused the victim D and inflicted bodily injury on the victim, and thereby acquitted the victim on this part.
2. The summary of the facts charged was around 05:50 on June 6, 2015, around 05:50, at the F convenience store located in Gangwon-gun E-gun, the victim D (22:3) and the vision of the victim’s body, and the Defendant, who works in H, was shaking the victim’s body body body, and the Defendant, who was in the line of H, was shaking the victim’s breath, and the Defendant, who was in the line of H, together with the breath of the breath, took the victim’s face into consideration.
As a result, the Defendant, together with H and J, inflicted injury on the victim, such as her knowledge and aggregate that requires about four weeks of treatment.
3. Determination
A. Article 2(2) of the Punishment of Violences, etc. Act requires that the term “jointness by more than two persons” means a case where a person is aware of another person’s crime at the same time with the same opportunity and used it (see, e.g., Supreme Court Decisions 70Do163, Mar. 10, 1970; 81Do1934, Jan. 26, 1982). B. Examining the grounds for innocence and dismissal against the Defendant in light of the relevant evidence and records in light of the aforementioned legal principles, the lower court, on the grounds stated in its reasoning, inflicted injury on the victim by jointly with H and J.
It is difficult to see
It is reasonable to judge not guilty of joint injury, and dismiss the prosecution against the assault included in the above facts charged.
4. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.