A defendant shall be punished by imprisonment for not more than ten months.

A. As stated in each of the facts charged in the instant case, the Defendant: (a) in collusion with C and D when the victims were at the night room, which is a dangerous object; (b) however, even if there was no difficulty in daily life even if the victims did not receive treatment, and (c) can be naturally cured upon the lapse of the time period; and (d) notwithstanding that it cannot be deemed as “injury” under Article 257(1) of the Criminal Act, the lower court convicted the victims of each of the facts charged in the instant case on a different premise, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In determining the misapprehension of legal principles, injury in the crime of injury means that the completeness of the body of the victim is damaged or the physiological function is hindered (see, e.g., Supreme Court Decision 9Do4305, Feb. 25, 2000). In the event a joint principal offender is established, even those who do not directly participate in the act of conspiracy are subject to criminal liability as a joint principal offender against the other co-principal (see, e.g., Supreme Court Decision 2004Do7511, Jan. 27, 2005). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim H made a statement at an investigative agency to the effect that the victim H was seriously involved in the above Defendant and C with the highest force to be able to be present at the victim, and the victim H made an assault from the above C at the court of first instance and made a statement at the investigative agency for 2-3 days to the effect that he voluntarily withdraws from the pertinent part.