The judgment below

The part against the defendant shall be reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of grounds for appeal;

A. According to the misunderstanding of facts, misunderstanding of legal principles C and B’s statements, the Defendant was found to have 2 to 3 times supporting C, thereby the Defendant inflicted injury upon C in collaboration with F.

In addition, the defendant was aware that the F, who committed the assault against C, committed the assault against F while recognizing that F, and that F was sufficiently aware of the defendant's act at that time, the defendant committed the assault against B in collaboration with F.

I would like to say.

B. In light of the overall circumstances of the instant case on unreasonable sentencing, the sentence imposed by the lower court on the Defendant (the suspended sentence on KRW 500,000,000) is too unfilled and unreasonable.

2. Determination (Misunderstanding and misunderstanding of legal principles)

A. "When two or more persons jointly commit a crime under paragraph (1)" under Article 2 (2) of the Punishment of Violences, etc. Act means that the number of persons jointly commit a crime under paragraph (2) requires that the so-called co-offender relationship exists between them. They require that several persons are aware of another person's crime in the same opportunity at the same place and commit a crime using the same opportunity.

In addition, public offering in a co-offender relationship in which two or more persons conspired to commit a crime is not required under the law, and it is sufficient to communicate directly or indirectly with each other of the accomplices who intend to commit a crime with an explicit intent to commit a crime, and even if there is no direct evidence, it can be acknowledged by the circumstantial facts and empirical rules.

In addition, the joint execution of a crime by conspiracy is not based on the premise that all accomplices realize the constituent elements of a crime by themselves, and it is possible to cooperate with accomplices who conduct the real act to strengthen their decision on the act. Whether it is applicable or not, the degree of understanding about the result of the act, the size of participation, and the intent to control the crime.