The judgment below

The part against the Defendants is reversed.

Defendant

B Imprisonment with prison labor for a fine of two million won or more, and for a defendant C.

Summary of Reasons for appeal

A. misunderstanding of facts and misapprehension of legal principles (public prosecutor) conspired the Defendants to inflict bodily injury on the victim by using dangerous objects.

B. Improper sentencing (Defendant C and Prosecutor): Imprisonment with prison labor for six months and two years of suspended execution;

2. In the trial of the court, the prosecutor of the judgment ex officio shall maintain the existing facts charged that the Defendants conspired with dangerous articles to inflict bodily injury on the victim. Among them, the form of exercising the tangible power of Defendant B was partially modified as follows. The name of the crime against Defendant B, in the preliminary case, was changed as follows. Article 2(2)1 of the Punishment of Violences, etc. Act (joint assault) and Article 260(1) of the Criminal Act (see, e.g., Article 2(2)1 of the Punishment of Violences, etc. Act) and Article 260(1) of the Criminal Act (see, e.g., Article 2(2)1 of the Act on the Punishment of Violences, Etc., and Article 260(1) of

As examined below, as long as the court below acquitted the Defendants of the primary facts charged as stated in the judgment below, and found the Defendants guilty of the ancillary facts charged (as to Defendant C, the part which the court below found the Defendants guilty without any changes in the indictment) (the part which the court below acquitted the Defendants of the primary facts charged and each of the crimes, which the court below found the Defendants not guilty,

However, despite such reasons for reversal of authority, the prosecutor's mistake and misapprehension of legal principles on the primary facts charged are still subject to the judgment of this court, and this is examined.

3. Judgment as to the mistake of facts and misapprehension of legal principles as to the primary facts charged

가. 주위적 공소사실의 요지 피고인들은 2017. 12. 30. 17:00 경 서울 금천구 E 건물 F 호 피해자 A(50 세) 의 주거지에서 함께 술을 마시던 중, 피고인 B은 나이는 많지만 손아래 동서 뻘인 피해자가 자신에게 반말을 한다는...