The defendant's appeal is dismissed.

1. 항소이유의 요지(사실오인 및 법리오해) 피고인과 피해자가 서로 말다툼을 하다가 피해자가 피고인을 밀어 다른 테이블 위에 놓여 있던 매운탕 냄비에 엉덩방아를 찧게 되자 화가 나 피해자를 밀친 것뿐이고, 피해자의 멱살을 잡고 넘어뜨린 사실이 없으며, 그 이후 피해자가 이를 말리는 D를 맥주병으로 위협하자 D가 피해자를 넘어뜨리고 주먹으로 피해자의 얼굴을 때린 것이므로, 피고인과 D 사이에 공동실행의 의사가 없었다.

2. Determination on the grounds for appeal

A. The defendant and defense counsel have the same arguments as the reasons for appeal in the court below, and the court below rejected such arguments in detail under the title "the judgment on the defendant and defense counsel's assertion" in the court below's decision. The court below's judgment is just and acceptable when comparing the above judgment of the court below with the records.

B. In addition to the following circumstances revealed by the evidence duly adopted and examined by the lower court, it is reasonable to view that the Defendant and D had the intent to jointly implement the crime to use violence against the victim at least implicitly, even if the Defendant did not directly injure the victim’s face. Accordingly, the Defendant’s assertion is rejected.

(1) The victim consistently stated that he/she was assaulted by the Defendant and D from an investigative agency to the court of original trial.

(2) However, in an investigative agency and a court of original instance, the Defendant stated that there was no fact that the Defendant she spatddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd