The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment for five months.

However, this judgment is delivered to Defendant A.

1. Summary of grounds for appeal;

A. The non-guilty part of the judgment of the court below (as to the defendants, the violation of the Punishment of Violences, etc. Act (joint injury) against the defendant A, and the defendant B's statement, etc. although the defendants could sufficiently recognize the fact that the defendants jointly inflicted an injury on the above victim as stated in the facts charged, the court below is difficult to recognize the defendant's participation in the injury by misunderstanding the facts.

In view of the fact that Defendant A recognized only a simple injury to Defendant A’s victim and acquitted Defendants of violation of the Punishment of Violences, etc. Act (joint injury).

B. Improper sentencing (for Defendant A), the sentence sentenced by the lower court to Defendant A (for 5 months of imprisonment and 1 year of suspended sentence) is too uneased and unreasonable.

2. The grounds for appeal by the prosecutor ex officio are examined ex officio prior to the judgment.

With respect to the violation of the Punishment of Violence, etc. Act (joint injury) against the Defendants among the facts charged in the instant case at the trial of the party, the prosecutor applied for the amendment of the indictment to the effect that “Defendant A is salving the victim’s flab, and Defendant B uses assaulting the victim’s flab with bat, etc.” “The Defendants flab the victim’s flab, Defendant B flabing the victim’s flab, and Defendant B made an application for the amendment of the indictment to “the victim’s flabbbbing the victim’s flab and assaulting the victim’s flab, etc.,” and the subject of the judgment in the instant case was modified by this court’s permission, the aforementioned part of the facts charged against the Defendants and the remaining part of the facts charged against Defendant A with substantial concurrent crimes under Article 37 of the Criminal Act.”

3. In conclusion, the judgment of the court below is delivered ex officio in accordance with Article 364(2) of the Criminal Procedure Act, on the ground that there is a ground for reversal ex officio.