The prosecutor's appeal is dismissed.

1. In light of the summary of the grounds for appeal (misunderstanding of facts), the statements of witnesses G and the victim's injury, etc., Defendant B is recognized to have used the victim as assaulted with Defendant A rather than fighting.

Nevertheless, the court below held that Defendant B did not participate in the fighting.

In light of the above, the defendants' joint injury was acquitted, and the judgment of the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. The lower court determined that the Defendants jointly inflicted injury on the victim in light of the victim’s statement, the motive for Defendant B’s participation is unclear, and the circumstances before and after the instant case, etc.

It was judged that there was a lack of recognition.

The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, i.e., Defendant B, who was the victim from the floor, were sold.

Although there is a statement, Defendant B’s above behavior is merely a behavior that prevents the victim, and solely on such circumstance, Defendant B conspiredd with Defendant A to assault the victim.

In addition to the fact that it is difficult to see it, the above judgment of the court below is just, and there is an error of law that affected the conclusion of the judgment by misunderstanding facts in the judgment below.

subsection (b) of this section.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) and Article 189 of the Criminal Procedure Act.