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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal by C, at the time of the Defendant’s legal statement, the Defendant was wraped with the victim, including D, but the Defendant’s daily Hamb was wurged by C and H by taking the arms of the Defendant’s daily wurgs in his/her hand, and C and H were wurd. According to these circumstances, the victims were assaulted by recognizing a mutual crime between the Defendant and H.
Nevertheless, the court below rendered a judgment of innocence and dismissal of prosecution as to the facts charged in this case by misunderstanding the meaning of 'two or more persons under the Punishment of Violences, etc. Act' and making a decision of not guilty and not guilty as to the facts charged in this case, by failing to deliberate on the circumstances of violence and violence between the defendant and the victims, etc.
2. Determination on the grounds for appeal
A. On December 20, 2012, the Defendant: (a) around 03:00 on December 20, 2012, at the G cafeteria located in Geumcheon-gu Seoul Metropolitan Government, set up a victim C (the age of 16) with a driver’s license; and (b) on the ground that the victim C et al. was said to have a driver’s license and the victim C et al. was said to have a bad medication, the Defendant her hand d(the age of 16), the driver’s license, and the victim E (the age of 16) with a breath, and caused the victims of drinking.
In addition, H, the Defendant's daily behavior, was also shaking the victim's breath, and the victims were faced with drinking.
Accordingly, the defendant assaulted victims jointly with H.
B. The lower court determined that the police statements made by C, J, and K as shown in the facts charged of the instant case and the statements made by D, E, I, and H, in light of C’s statements made thereafter and the statements made by the rest of the relevant parties, the part that it is difficult to believe as they are or its statement alone was when the Defendant engaged in the erobbial of “C” among the facts charged of the instant case and H.