A. According to the evidence of fact-finding, although the defendants jointly inflicted an injury on the victim E as shown in the facts charged and the facts that Defendant B assaulted the victim F, the court below acquitted each of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.

B. The lower court’s sentence (700,000 won in penalty) against Defendant A, which was unfair in sentencing, is too unfluent and unfair.

2. Determination

A. In a criminal trial for misunderstanding the facts, the conviction should be based on evidence of probative value, which makes it possible for a judge to have a reasonable doubt that the facts charged are true, to the extent that there is no reasonable doubt, and if there is no such proof, the conviction cannot be judged even if there is a suspicion of guilt against the defendant.

In addition, in light of the fact that the criminal appellate court has the character as a post-examination even after the fact, and the spirit of substantial direct trial as provided in the Criminal Procedure Act, there is a lack of evidence to exclude a reasonable doubt after the first instance court has gone through the examination of evidence such as the examination of witness.

In a case where a not-guilty verdict is rendered on the facts charged, if it does not reach the extent that it can sufficiently resolve the reasonable doubt raised by the first instance trial even if the probability or doubt about some opposing facts may be raised as a result of the appellate trial’s examination, there is an error of mistake in the determination of facts in the first instance judgment, which lacks proof of crime solely

Recognizing that the facts charged should not be found guilty (see, e.g., Supreme Court Decision 2015Do8610, Apr. 15, 2016). In light of the aforementioned legal principles, a thorough examination of the records in light of the aforementioned legal principles, the lower court committed a violation of the Punishment of Violences, etc. Act (joint injury) against the Defendants among the facts charged, and Defendant B-be.