A. The Defendant did not have inflicted an injury on the victim in collaboration with A, and the injury of the victim’s strong fingers is due to the king of king that occurred while selling spawn for several years, and is not due to the Defendant’s act.

B. In light of the overall sentencing conditions of the instant case, the lower court’s punishment (2 million won of fine) is too unreasonable.

2. Determination

A. In the determination of the assertion of mistake of facts, a public offering does not require any legal punishment, but is only a combination of the intent of two or more persons to realize a crime through the joint processing of the two or more persons. As such, a public offering is established in cases where the combination of the two or more persons is made in order or impliedly.

In addition, strict proof is required to recognize such a conspiracy, but where the defendant denies the conspiracy, which is a subjective element of the crime, it is inevitable to prove it by the method of proving indirect facts or circumstantial facts having considerable relevance to the nature of the object, and in such a case, what constitutes indirect facts having considerable relevance should be determined by the method of reasonably determining the connection of the fact through close observation and analysis based on normal empirical rule.

(See Supreme Court Decision 2007Do6706 Decided September 11, 2008, and Supreme Court Decision 201Do9721 Decided December 22, 201, etc.). Comprehensively taking account of the health care of the instant case and the following circumstances revealed by evidence duly admitted and investigated by the lower court, the Defendant may fully recognize the fact that the Defendant inflicted the injury as described in the judgment of the lower court on the part of the victim by taking advantage of A’s assaulting the victim, by taking advantage of the victim’s knife and knife the victim’s knife and knife the victim’s knife

(1) A victim shall be an investigative agency.