The defendant's appeal is dismissed.

1. In relation to the violation of the Punishment of Violences, etc. Act (joint injury) with regard to the summary of the grounds for appeal, the Defendant did not inflict an injury on the victim by breaking breaths of the victim as stated in the facts charged.

2. Determination

A. In light of the content of the judgment of the first instance court and the evidence duly examined by the first instance court, the first instance judgment on the credibility of the statement made by the witness at the first instance court was clearly erroneous.

Unless there exist special circumstances to view that it is remarkably unfair to maintain the judgment of the first instance court on the credibility of the statement made by the witness of the first instance trial, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court may not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the judgment of the appellate court (see, e.g., Supreme Court Decisions 2006Do4994, Nov. 24, 2006; 2007Do2020, May 11, 2007). (b) The lower court has credibility of the above witness’s statement consistent with this part of the facts charged through the examination of the victim G, witness I, and E.

As stated in this part of the facts charged, the Defendant recognized the fact that the Defendant inflicted an injury by assaulting the victim jointly with A.

Based on the above legal principles, a thorough examination of the judgment of the court below in comparison with the evidentiary materials, we accept the above fact finding by the court below, and there was no special circumstance to see that the judgment of the court below was clearly erroneous or considerably unfair in the court below as to the credibility of the above witness's statement, and therefore, the defendant jointd with A, as stated in this part of the facts charged, based on the evidence, such as the statement of the victim who is reliable.