beta
Text
The part of the judgment of the first instance and the judgment of the second instance against Defendant B and A shall be reversed in entirety.
Defendant
B and A, respectively.
Reasons
1. Summary of grounds for appeal;
A. As to the judgment of the court of first instance (Defendant B, Defendant B, and Defendant A had minor physical contact with C, and there was no assault with C as to this part of the facts charged, and such an act is a justifiable act which is merely a passive resistance to escape from C’s intentional initiative and thus, illegality is dismissed (deficiencies and misapprehension of legal principles). Even if not, the sentence (Defendant B: fine of KRW 1,000,000, and fine of KRW 50,000) that the court below sentenced against the above Defendants is too unreasonable.
(F) 2.2
(1) As to the judgment of the court below regarding Defendant B and A, Defendant A did not inquire about the date and place specified in this part of the facts charged, and there was no fact that Defendant A did not assault C.
(M) As to the violation of the Punishment of Violence, etc. Act (joint injury), although Defendant A had flobbbbling with C, this is justified by self-defense or legitimate act conducted to defend C’s assault act (legal scenarios). Defendant B only told Defendant A and C’s fighting and did not inflict an injury on Defendant A along with Defendant A.
(2) According to the evidence submitted by the prosecutor (as to the defendant C), the facts that the defendant C inflicted an injury on the victim A and assaulted the victim B can be sufficiently recognized as stated in the facts charged.
(In fact-finding) 2. Judgment
A. Prior to determining ex officio the grounds for appeal by Defendant B, A, and the Prosecutor, each appeal case against the first and second judgment in the trial room was combined. Each of the crimes in the first and second judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single punishment should be imposed within the scope of one of the concurrent crimes under Article 38(1) of the Criminal Act. As such, the first and second judgment of the court below should be imposed within the scope of one of the concurrent crimes under Article 38(1) of the Criminal Act.