beta
Text
The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by a fine of two million won.
Reasons
1. The lower court found the Defendants not guilty on the charge of special injury, which is the primary charge of the Defendants, and found the Defendants guilty on the charge of violating the Punishment of Violences, etc. Act (joint injury), which is the ancillary charge, and only the Defendants appealed on the guilty part of the lower judgment.
Therefore, although the prosecutor's non-guilty part of the facts charged (the primary facts charged) is the first instance trial, it does not seem that the prosecutor has been exempted from the object of attack and defense between the parties, and there is no other matter to be deliberated and determined ex officio, and thus, in the first instance trial, only the part of the conjunctive facts charged which the court below found guilty is to be tried, and that part of the primary facts charged is not judged again.
2. The summary of the grounds for appeal (misunderstanding each fact) is that the Defendants were either at the time of the victim or (Defendant B).
3. Judgment on the grounds for appeal
A. The following facts can be acknowledged according to the evidence duly adopted and examined by the court below and the court below.
1) On August 18, 2015, the Defendants and the co-defendant A of the lower court met the Defendant’s contact with the victims of the past violent organizations that Defendant B had been in the same violence organization, thereby having contacted with the victims, thereby drinking the Plaintiff and H to the Plaintiff at the F amusement station located in the Geum-gu, Busan.
2) In the foregoing drinking place, A, who was scambling the alcohol with the scambb above the scambb on the scambbb, scam the scam to the scambling of the scam to the victim while harming the victim.
3) In the process, five persons, including the above two persons, the Defendants, and H, were able to fight with one another, and the situation was terminated when H ceased to stop both the Defendant A and the Defendant C and went out of the Republic of Korea.
4) 피해자는 수사기관과 원심 법정에서 ‘ 피고인 C이 달려와 옆구리를 걷어찼다.
H The Defendant C of the Mari-ri is “d.”