The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (based on factual errors and misapprehension of the legal principles), although A and B used the victim's leading assault, in light of the statements made by the victim's investigative agency and CCTV images, it is confirmed that the defendant acted as he did with the shoulder of the victim immediately before the commencement of the above two persons' assault, and that non-discriminatory assault against the victim began in the aggressive behavior of the defendant, and such act of the defendant constitutes an assault by exercising his aggressive force on the body, and it is sufficiently recognized that the defendant's act was jointly used as an act of harming A and B by neglecting the defendant, without showing any attitude that the defendant was bling, at the beginning of the assault between A and B.

Nevertheless, the lower court found the Defendant not guilty of the facts charged in this case due to erroneous determination of facts and misapprehension of the legal doctrine on the co-principal relationship.

2. Examining evidence duly admitted and investigated by the court below and the reasons for the judgment of the court below closely, the court below is just to have determined that there is no evidence to acknowledge the fact that the defendant has committed an assault against the victim on the grounds of the circumstances as stated in its holding, and it cannot be said that there is any error by mistake of facts and affecting the conclusion of the judgment

In addition, in order to establish a joint principal offender under Article 30 of the Criminal Act, it is necessary to implement a crime through a functional control based on a joint doctor as a subjective element, and the intention of joint process is insufficient to recognize another person's crime and not to restrain it, and it is necessary to shift one's own intent to commit a specific criminal act with a joint doctor, using another person's act. Supreme Court Decision 2002Do7477 Decided March 28, 2003, etc.