The judgment of the court below is reversed.

The charge of attempted property damage among the facts charged of this case is not guilty. Of the facts charged of this case

1. Summary of grounds for appeal;

A. (1) As to the violation of the Punishment of Violences, etc. Act (joint injury), the Defendant did not assault the victim at the time, such as breaking the victim’s neck, and C and D, which were in the same place, told the Defendant and the victim, and did not make a pressing at all.

Nevertheless, the court below convicted of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.

(2) 재물손괴미수의 점에 대하여 피고인은 피해자와의 언쟁 중 피해자가 경찰에 신고하려는 것을 보고 이를 만류하는 과정에서 피해자의 핸드폰을 빼앗으려다가 핸드폰이 튕겨져 나가 바닥(잔디밭)에 떨어진 것일 뿐, 이 사건 공소사실과 같이 핸드폰을 바닥에 던진 사실이 없고, 손괴의 고의도 없었다.

Nevertheless, the court below convicted of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.

B. The lower court’s decision on the grounds of unreasonable sentencing (the KRW 500,000 of a fine) is too unreasonable.

2. Judgment on the misconception of facts as to the violation of the Punishment of Violences, etc. Act (joint injury)

A. The summary of this part of the facts charged is as follows: (a) the Defendant shared with C and D, and around 19:30 on July 27, 2013, on the ground that the Defendant and the security guard had fright in a dispute with the victim’s horse or security guard in front of the Southern-si E apartment 105 guard room; (b) the Defendant took the victim’s neck one time in his/her hand and her hand, and (c) C, C, D, with both arms of the victim’s hand, put the victim’s neck into the victim’s hand, thereby requiring approximately 14 days medical treatment.

B. (1) Determination is based on Article 2(2) of the Punishment of Violences, etc. Act that “When two or more persons jointly commit the crime of paragraph (1)” requires that there exists a so-called so-called accomplice relationship among them, and that there are two or more persons at the same place.