The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (as to joint injury), the defendant only made a fighting and did not assault the victim.

2. Determination on the grounds for appeal

가. 공소사실(공동상해의 점) 피고인과 G은 2013. 8. 7. 03:00경 서울 강남구 C에 있는 D 식당 앞 주차장에서 피해자 E이 자신 소유의 승용차를 손괴한 것에 화가 나서 피고인에게 덤벼들자 이에 대항하여 G은 피해자의 머리를 때리고 발로 다리를 찼고, 피고인은 뒤에서 피해자를 감싸고 손으로 얼굴을 1회 가격하였다.

As a result, the Defendant, in collaboration with G, inflicted bodily injury on the victim, such as salt pans, which requires approximately two weeks of medical treatment.

B. The lower court found the Defendant guilty of this part of the facts charged, based on the Defendant’s legal statement, each of the testimony of the witness H and E, I, and H as evidence, and the written diagnosis of each of the police officers’ statement as evidence.

C. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court and the first instance court, this part of the facts charged is deemed not guilty due to lack of proof of crime.

Therefore, the judgment of the court below which found the defendant guilty is erroneous and adversely affected by the conclusion of the judgment, and the defendant's appeal pointing this out is justified

1) According to CCTV images, it is confirmed that the Defendant, while being subjected to unilateral assault from the victim, speaks with the victim and G fighting caused by himself/herself and tried to said victim to be genuine. In that process, the Defendant’s passive resistance against the victim’s assault or fighting between the victim and G can only be seen as having a step behind the victim who seeks to fights with the victim, and there is no way to find out the face of the victim by saving the victim in the following and selling the victim’s face by hand as shown in this part of the facts charged. 2) The video of the above CCTV is as follows.