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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal is that the Defendant, under the direction of the Co-Defendant A (hereinafter “A”), abused F as a main soldier, etc. and took part in the assault act of G against B, and thereby inflicted an injury on it, the lower court acknowledged the establishment of the crime of special injury and the violation of the Punishment of Violences, etc. Act (joint injury).
However, the defendant only took part in the fighting between A and F F (F, G, and E) and did not take part in the said fighting. The judgment of the court below is erroneous in misunderstanding of facts.
2. According to the records of judgment, the fighting between A and F occurred, and the fact that F and G suffered injury as stated in the facts constituting the crime in the judgment below is sufficiently recognized, but at the time the defendant directly assaulted F.
The evidence that corresponds to the participation in A's assault act is only F's investigative agency and the court below's legal statement.
However, the first instance court stated that the first instance court stated that “A did not have any act of assault against the Defendant” in accordance with the investigation agency and court of the lower court consistent with the first instance court, “E, the first week of which the witness and reported of fighting,” and that “F did not have any act of assault against the Defendant. However, the first instance court stated that “A did not have any act of assault against the Defendant: (a) the Defendant and A did not have any act of assaulting the F with his body; (b) but the prosecutor stated that “A did not have any act of assaulting the F’s body; (c) the Defendant did not have any act of assaulting the Defendant at the court of the lower court; and (d) according to the F’s statement, G was removed when the Defendant was on the chest’s chest; and (d) the Defendant did not accurately associate with the situation at the time of the time when G was on the Defendant’s chest; and (d) the Defendant did not have any act of assault against the police at the time when the Defendant was on the scene.