Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

2. Determination

A. A. In the first instance trial of the ex officio judgment, the prosecutor applied for the amendment to a bill of amendment to the indictment with the content that the facts charged are modified as stated below, and since this court permitted it, the judgment of the court below is no longer maintained.

However, the defendant's assertion of misunderstanding the facts is still subject to the judgment of this court, which will be examined below, notwithstanding the above reasons for reversal.

B. As to the assertion of mistake of facts, the phrase “when two or more persons jointly commit the crime of injury or assault” under Article 2(2) of the Punishment of Violences, etc. Act requires that there exists a so-called co-offender relationship between them. Moreover, where several persons have recognized the same opportunity and used the same opportunity to commit the crime of another person.

However, in relation to accomplices, conspiracy does not require any legal punishment, but only if two or more persons intend to jointly process and realize a crime, such recognition and use does not necessarily require to be formed before the crime is committed, and even though there were no common objectives of several challenges, they were not joint mothers of injury or assault.

Even if a person knows that the act of injury or assault is bound to be accompanied by the common purpose, and even if he or she was aware of the fact that the act of injury or assault was committed, he or she was directly involved in the act of injury or assault, or committed a crime of injury or assault in a manner that shows the intent to commit the act of injury or assault, it constitutes a crime of injury or assault in a successive or implicit manner, and the specific counterpart who is the subject of the act