The judgment of the court below is reversed.

Defendants shall be punished by a fine of 1.5 million won.

The above fines are imposed by the Defendants.

1. Of the facts charged in this case, the court below found the defendants guilty as to the violation of the Punishment of Violences, etc. Act (joint residence intrusion) and the violation of the Punishment of Violences, etc. Act (joint injury) due to the defendants' act of harming the victims at the time of the instant case. On the other hand, the court below did not render a separate judgment of innocence as to "the defendant B's head and line of the victim's head and line, and the defendant A also inflicted an injury upon the victim's head and line of duty" which are related to the facts charged in violation of the Punishment of Violences, etc. Act (joint injury). However, the court below did not render a judgment to the effect that the defendants were innocent on the part of the evidence of the judgment.

Meanwhile, the Defendants appealed only to the remainder of the judgment of the court below, excluding the acquittal of the above reasons, and the prosecutor did not appeal the judgment of the court below. However, according to the principle of no appeal, the acquittal of the above reasons was also judged in this court along with the guilty portion.

However, as to the acquittal portion of the above reasons, it is difficult for this court to re-determine that portion because it goes out of the object of attack and defense between the parties and is de facto relieved from the object of attack and defense.

(see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Therefore, with respect to the part on acquittal in the above reasoning, the conclusion of the lower judgment is to be followed, and the judgment is not separately determined in the trial.

2. Summary of grounds for appeal;

A. Although there was no fact that the Defendants inflicted an injury upon the victim at the time of the instant case, the lower court found the Defendants guilty of violating the Punishment of Violences, etc. Act (joint injury) on the grounds that the Defendants had pushed the victim at the time of the instant case and inflicted an injury.