Defendants shall be punished by imprisonment for eight months.

However, this judgment is delivered to Defendant A.

A. The sentence of the lower court’s imprisonment (10 months of imprisonment) is too unreasonable.

B. 1) misunderstanding of facts (as to the acquittal part of the reasoning of the judgment in the original instance), the Defendants: (a) recognized the Defendants’ act of injury against G and D investment, which was committed by the Defendants, and inflicted injury on the victims; (b) even if the Defendants’ act of injury was done in order outside of the restaurant, it should be deemed that the victims were injured on the same opportunity by recognizing and sharing another person’s criminal act on the same opportunity at the same place. (c) The lower court’s sentence of unfair sentencing (Defendant A: 4 months of imprisonment, 2 years of suspension of execution, 80 hours of community service, and 10 months of imprisonment) is unreasonable.

2. Determination

A. 1) The summary of the facts charged is the H investigator of the organized violence crime group G, G and the Defendant B are victims E (if known, with 27 years of age and 27 years of age), and the Defendant A is aware of the victim.

G promptly discovered the victim outside a restaurant, and then became the victim's main store, and then came to the restaurant because his occupation became known to the outside, the victim would not be able to feel a sense of shame, and entered the restaurant.

Defendant

B은 2017. 7. 14. 05:31경 경기 동두천시 C에 있는 ‘D’ 술집 안에서, 피해자에게 다가가 “야, 너 G이 형님이 잠깐 보잔다.”고 하였으나 피해자가 이를 거부하자 동인에게 욕설을 하면서 주먹으로 피해자의 얼굴을 때려 쓰러지게 하고, 일어서는 피해자의 머리채를 잡아 뒤로 넘어뜨리고 발로 전신을 걷어찼다.

Defendant

A, outside of the foregoing temporary border, the above victim gets out of the foregoing alcohol house to walk the bridge of the victim her head two times, and flick the head on the roadside, and flick the head on the roadside, and take the head of the victim.