All of the appeals by prosecutors are dismissed.

1. The summary of the grounds for appeal is erroneous in the misapprehension of facts and the conclusion of the judgment of the court below which rendered a suspended sentence against the defendant A by recognizing the defendants guilty, even though the defendants jointly and severally inflicted an injury on the victim as stated in the facts charged, and thereby, found the defendant A guilty.

2. Determination

A. The Defendants of the facts charged of this case are members of the Eddton club. At around 06:30 on July 14, 2012, the Defendants: (a) around 06:30 on the 14, 2012, the victims E, the president of the Nddton club, were members and the members of the E, and were about to remove the list of officers of the bulletin board; (b) Defendant B, knee, knee, knee, knee, knee, so that the victims would not go back; and (c) Defendant A, by combining this, was urged to put the parts of the victims into kne and put the arms of the victims into khsaw.

As a result, the defendants jointly put up the victim's 14-day medical treatment on the right side, the surface of the shoulder, the right side, and the container, the strawing box, the strawing box, etc.

B. (1) The lower court found the Defendants guilty on the sole basis of the evidence submitted by the prosecutor that the Defendants jointly inflicted an injury on the victim. However, the lower court found Defendant A guilty on the sole basis of the fact that Defendant A inflicted the same injury as that indicated in the facts charged, and sentenced Defendant A to the suspended sentence for the crime of injury to Defendant A.

(2) 당심의 판단 기록에 의하면, 이 사건 당시 피고인 B이 피해자가 동호회 임원진 명단이 적혀 있는 게시판을 훼손하여 피해자를 경찰에 신고하자 피해자가 경찰이 오기 전에 체육관을 빠져 나가려고 하여 피해자의 팔을 한번 붙잡고, 그 과정에서 피고인 A이 피해자로부터 욕설을 듣고 피해자의 팔을 꼬집고 손톱으로 할퀸 사실을 인정할 수 있다....