A. In light of the fact that Defendant A, within the alcohol house, engaged in an attack against the victim who attacked with the victim by means of an attacking with the victim, Defendant A, who committed an attack with the victim. Defendant B, while doing a conflict with the victim in the alcohol house, went out of the alcohol house and fighted with the victim, and was at the price of the victim’s face during that period, and inflicted an injury on the victim, it is sufficiently recognized that the Defendants jointly committed an injury on the part of the victim.

B. The lower court’s sentence on Defendant B of unreasonable sentencing (one million won by fine) is too uneased and unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles as to whether the defendants jointly inflict injury on the victim or not, and ① Defendant A made a statement that he was unilaterally flabed by the victim in the drinking house and did not have any intent to commit violence or injury on the victim, and the witness G and H statements of the court below correspond to this. ② The victim was consistently in the drinking house in the investigative agency and the court of the court of the court below, and there was no physical contact with Defendant B. The victim was trying to fight, and Defendant A made a statement that he was flab with Defendant B during drinking, and Defendant A made a statement that he was flabed by Defendant B during drinking, and Defendant A did not have the joint self-defense against the victim's act of assault and injury on the part of Defendant B. Meanwhile, Defendant A constitutes a passive self-defense against the crime of assault and injury on the part of the victim (the crime of assault and self-defense against Defendant A).