logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.11.28 2013도4430
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the remaining Defendants except Defendant J

A. Since the grounds for final appeal on the violation of the Japanese principle of indictment are ex post facto review of the judgment of the appellate court, matters which are not subject to a trial in the appellate court are not subject to the scope of a trial in the appellate court, and thus, the defendant cannot be viewed as the grounds for final appeal on any grounds other than those for which the appellate court did not claim as

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles on the indictment of this case, and by misapprehending the legal principles on the indictment of this case, it did not err by misapprehending the legal principles on the indictment of this case. It did not err by misapprehending the legal principles on the indictment of this case, as otherwise alleged in the ground of appeal.

B. "When two or more persons have jointly committed a crime of injury or violence" under Article 2 (2) of the Punishment of Violences Act, such as misunderstanding of legal principles as to joint injury or joint violence, or misunderstanding of facts, the requirement that there exists a so-called co-offender relationship between them exists. In addition, several persons are aware of another person's crime in the same opportunity at the same place and commit the crime by using it (see Supreme Court Decision 90Do2153, Jan. 29, 1991). The conspiracy or conspiracy does not necessarily need to be made directly, explicitly, in a case where two or more persons jointly processed a crime and conducted a crime, and there may be a combination of intent to jointly realize it by processing it for a crime, but in any case, if the defendant denies the criminal intent along with a conspiracy, the facts constituting such subjective element should be proved by indirect facts or circumstantial facts that have considerable relation to the nature of the crime.

arrow