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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of facts), each of the statements of the defendant, C, A, and D, and I, the defendant's participation in D fighting is recognized and the crime of violation of the Punishment of Violences, etc. Act (joint injury) is established against the defendant. However, the judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Judgment on the grounds for appeal by the prosecutor
A. The summary of the violation of the Punishment of Violences, etc. Act (joint injury) among the facts charged in the instant case is as follows.
Defendant, C, A, and D are customers of “H” operated by the victim I in Jung-gu Seoul Metropolitan Government G.
At around 00:45 on September 1, 2016, the Defendant: (a) 200:45, on the ground that the victim C and A, who were drinking alcohol at the seat near the main seat of the above “H”, were able to look at and resist themselves, and were able to bl up with each other, and emulated and ebbbbly flad with the instant victims, and the face of the said victims.
As a result, the Defendant jointly with D and caused the victim C to undergo approximately three weeks of treatment, namely, “a breath in the bend and the left bend,” and suffered injury to the victim A, such as dump, dump, dump, and dump, which require approximately three weeks of treatment.
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B. The judgment of the court below is that according to the legal statement of the defendant, the defendant, C, A, and D, "it is not possible to specify who was assaulted by the other party because he was under the influence of alcohol, or because he was assaulted by the other party under the influence of influence of alcohol." Even according to the I's legal statement, a witness at the scene, "at the early stage of a fighting, only one person working for the defendant and the defendant at the scene, and C, D did not have the place, and at the time, the defendant and the defendant did not have the body fighting. At the time of a fighting, it is not possible to accurately distinguish those who were boomd from the scene, but only those who were boomed by the defendant at the scene, and therefore, it is submitted by the prosecutor."