The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 13 million.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In relation to the violation of the Punishment of Violences, etc. Act (joint assault) among the facts constituting a crime in the judgment of the court below, Defendant 1 committed a crime and the act of committing a crime committed a misunderstanding of facts, there was a humping and a humping between Defendant 1 and Defendant 1. However, the Defendant did not have any humping of the victim due to drinking, and there was no intention that

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the credibility of the statement made by the witness was clearly erroneous in light of the content of the lower judgment and the evidence duly examined by the lower court.

In light of the above legal principles, if there are special circumstances to view that maintaining the judgment of the court below on the credibility of the statement made by a witness of the court below is not significantly unfair, or if the court below's determination on the credibility of the statement made by the witness of the court below is not deemed unfair, the appellate court shall not reverse without permission the judgment of the court below on the first instance solely on the ground that the judgment of the court below on the credibility of the statement made by the witness of the court below is different from the judgment of the appellate court (see Supreme Court Decisions 2011Do5313, Jun. 14, 2012; 2010Do827, Oct. 14, 2010, etc.) and the following circumstances recognized by the evidence duly adopted and investigated by the court below in light of the above legal principles, the court below acknowledged the credibility of each statement made by the witness of the court below L and M, and found the victim guilty as a joint crime with K when the victim faces L at the time and at the place of the court below's judgment.

This part of the defendant's assertion is without merit.

(1) A victim shall be when the victim is dead at the same time as D.