A. At the time of mistake of facts, the Defendant did not know that he had been unaware of the guidance to talk with the victim in a place far away from E and the victim, thereby threatening the victim at all or harming him. On a different premise, the lower court which recognized the Defendant a crime of violation of the Punishment of Violences, etc. Act (joint attack) by misunderstanding the facts, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. Article 2 (2) of the Punishment of Violences, etc. Act provides that "at least two persons shall be jointly involved" as the requirement that there exists a so-called co-offender relationship among the several persons, and the case where several persons are aware of another person's crime in the same opportunity at the same place and used it to commit the crime.

(2) Upon examining the evidence duly admitted and investigated by the court below, the following facts are revealed: (a) C was unable to repay the obligation to the victim to the victim; (b) the Defendant delivered this content to E; (c) the Defendant was sent to E through E; (d) the Defendant was sent to E and C with E; (e) the Defendant was in the vicinity of E and C; (v) the Defendant was in the process of talking with E and the victim; (vi) E and the Defendant was an employee of the New 20th century, a violent organization; and (vi) the victim was aware of E and the Defendant prior to the instant case; and (vii) the victim was aware that he was an employee of the New 20th century, a new 20th century; and (vii) the victim was threatened with the victim; and (vii) the victim did not discharge the obligation to the victim at all after the instant case; and (v) the victim was not admitted to C in light of the legal principles as seen earlier.