The judgment of the court below is reversed.

Defendants are not guilty.

1. According to the evidence submitted by the prosecutor, including the statement of the victim, the gist of the grounds for appeal, the fact that the defendants committed joint assault against the victim is recognized.

Nevertheless, the judgment of the court below which acquitted the defendant on the ground of CCTV images which cannot be properly confirmed on the site form of the case is erroneous in the misapprehension of facts, which affected the conclusion of judgment

2. In the judgment of the court below at its discretion, the judgment of the court below applied for the change of indictment with the contents that “the victim’s body was salped by flabing in person and salping the body several times by hand” in the facts charged of the judgment below to “the victim’s body was salped by hand, and the body was salped by hand by hand,” and the judgment of the court below cannot be maintained any longer since the subject of the judgment was changed by this court’s permission.

However, the prosecutor's assertion of mistake of facts is still subject to the judgment of this court within the scope of the changed indictment.

3. Determination as to the prosecutor's assertion of mistake of facts

A. The summary of the facts charged reveals that the number of damages equivalent to KRW 100 million were inflicted on the Defendants who traded with D’s wife E and cosmetics, together, the Defendants would incur money from the front of the D’s operation (ju) located in Yeongdeungpo-gu Seoul Metropolitan Government, around January 19, 2015, around 13:00 and around January 13:00, 2015, along with two persons (F, one person “G”).

Highly, the demonstration was conducted.

While the Defendants were engaged in the demonstration as above, the victim J(39 years old), who is an employee of the I, taken the Defendants into a mobile phone, Defendant B her gets off the victim’s hand and gets off the cell phone. The Defendants, along with the two persons who were in the above name of the victim, assaulted the victim by cutting down the victim’s body with his hand from his left arms and cutting down the victim’s body by hand.

As a result, the Defendants assaulted the victim jointly with two or more persons who did not have the above name.

B. The circumstances indicated in the lower judgment, which are acknowledged by the evidence duly admitted and examined by the lower court and the lower court, are as follows.