The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. Summary of the facts charged

A. On November 9, 201, at around 08:30 on November 9, 201, the Defendant, along with C, entered a restaurant entrance opened in the F cafeteria operated by the victims E in Daegu-gu, Seo-gu, Daegu, for several occasions, opened the cafeteria and removed the locking device, and entered the said cafeteria.

Accordingly, the defendant invadedd the building managed by the victim jointly with the above C.

나. 공동상해 피고인은 G, C와 공동하여 2011. 11. 9. 09:00경 대구 중구 H 소재 I모텔 307호에서, 피고인은 발로 피해자 E(29세)의 가슴을 수회 차고, 손으로 뒷목 부위를 잡고 밀어 바닥에 넘어뜨리고, G은 손으로 피해자의 뒷머리를 2회 때리고, C는 발로 피해자의 가슴을 차 바닥에 넘어트리고 주먹으로 얼굴을 7회 때리고, 발뒤꿈치로 양쪽 발등을 8회 찼다.

As a result, the Defendant, in collaboration with G and C, inflicted injury on the victim, such as the left-hand aggregates in need of treatment for about five weeks.

2. The lower court found the Defendant guilty of all the charges of this case and imposed a fine of KRW 3 million on the Defendant.

3. Summary of grounds for appeal;

A. Fact-finding (as to co-injury), the Defendant did not inflict any injury on E in collaboration with G and C.

B. The lower court’s sentence of unreasonable sentencing is excessively unreasonable.

4. Determination of misconception of facts as to the joint injury

A. Of the facts charged in the instant case, there is a statement in E’s investigative agency and court of the court below as evidence that the Defendant, together with G and C, inflicted an injury on E.

(W) Each written diagnosis adopted by the original court as evidence is not evidence as to whether the defendant was involved in the injury because it is about the facts and degree of the injury of E, but it is not evidence as to whether the defendant was involved in the injury of C and G, and some prosecutor's protocol and record books also contain contents that the defendant injured E.

First of all, E is about the Defendant's assault attitude.