The judgment of the court below is reversed.

Defendants shall be punished by fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

1. Summary of grounds for appeal;

A. In full view of the statements of the victim C of mistake of facts and witness F, the judgment of the court below that acquitted Defendant B of the violation of the Punishment of Violences, etc. Act (joint assault) among the facts charged in the instant case is erroneous in the misapprehension of facts.

B. The crime of violation of the Punishment of Violence, etc. Act (joint assault) is also established in the so-called "an act of assault committed by an accomplice at the same time," in addition to the case where all accomplices directly assault the victim.

Therefore, even if based on facts acknowledged by the judgment below, the defendants jointly committed the assault against the victim C. Thus, the judgment below which acquitted the defendant on the violation of the Punishment of Violences, etc. Act (joint assault) among the facts charged in this case is erroneous in the misapprehension of legal principles.

C. The decision of the court below on the grounds that the sentencing of unfair sentencing (defendant A) is too uneasible and unfair.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. The lower court found Defendant B not guilty of this part of the facts charged on the ground that it is difficult to deem that Defendant B directly participated in the act of assault against Defendant A’s victim C or committed the act of assault by Defendant A while recognizing the Defendant A’s criminal act, as stated in its reasoning.

B. The Defendants asserted to the effect that “Defendant B has no fact of assaulting the victim C, and Defendant A and Defendant B prevented each other from assaulting the victim C” consistently from the investigation stage to the trial at the trial at the court.

However, the victim C consistently made a statement that corresponds to the facts charged in the instant case from the investigative agency to the court below, and the victim C’s statement is directly made.