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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below acquitted the defendant of violation of the Punishment of Violences, etc. Act (collective injury, deadly weapons, etc.) on the ground that it is difficult to view that the defendant had a functional control over the defendant's intent to jointly process with the above B even though the defendant inflicted an injury on the victim in collaboration with the defendant B in the court below's judgment, and thus,
B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too uneased and unreasonable.
2. Determination
A. (1) The summary of the facts charged in the judgment of the court below as to the assertion of mistake of facts (1) is that the Defendant, along with the Defendant B on February 4, 2013 at the main point of the trade name “E” located in Gangnamwon D, and the Defendant was under dispute with the victim F (the age of 41) on February 4, 2013, and the Defendant was under dispute, and the victim was under dispute, and the Defendant was sleeped with the victim’s dub, and the Defendant was sleeped with the victim’s dub, and B was in line with the victim’s face.
As a result, the defendant jointly with the victim B, who is in need of approximately two weeks of treatment.
(2) In full view of the evidence duly admitted and examined by the lower court, the lower court acknowledged the following facts: (a) the Defendant and the victim, who flabed in one column of the table table while drinking alcohol together with G, had flabed one another; (b) G had flabed and flaced two arms with the Defendant and the victim; (c) at the same time, G had flabed two arms in an old line in order to remove the Defendant and the victim from the table table; and (d) the Defendant and the victim had flabed into the future; (b) the Defendant and the victim had 500cc beer c beerts towards the direction of the victim in the Gap-party page; and (c) the flab had flabed the victim’s face; and (d) at the time the flab had been flading with the victim.