A. The Defendant did not commit violence against the victims, and merely spreaded the victims to protect their parents, which constitutes self-defense or legitimate act.

B. Even if domestic affairs and acts of assault are recognized, the defendant does not have the fact of assaulting the victims jointly with his/her parents, so long as the victims do not want the punishment of the defendant, the prosecution by the prosecutor must be dismissed.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding joint assault, the following facts are revealed: (a) in the leased building where the lessee E is performing construction works to restore to its original state, the lessee’s side including the lessor C and the victim H intend to take photographs inside the leased building; (b) the Defendant’s side failed to take the victim’s H’s access and photograph; (c) the victim’s defect in his/her efforts to keep the victim’s H in photographing and continuously taking photographs; (d) the victim’s face and shoulder together with the Defendant, as stated in the judgment of the court below, can be sufficiently recognized; and (e) the Defendant’s assertion premised on the absence of joint assault is without merit.

B. Comprehensively taking account of the development of a fighting match and the developments of the assault as above acknowledged by the evidence of the court below, it is difficult to view that the Defendant’s act of flaging the victim H’s photograph to be an unlawful or unfair infringement against the Defendant’s side, and the Defendant’s act of flaging the victim’s H was committed by flaging the victim’s H, and then, the Defendant’s act of assaulting the victim’s flag as stated in the judgment of the court below is an act of assaulting the victim’s flag between the Defendant and the victim’s flag and the victim’s flag.