The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error) is that the defendant only told the victim A and D to assault, and did not assault the victim by taking part in it, and that the victim's head was five times after the victim's assault was terminated, but the court below judged that the defendant inflicted an injury on the victim jointly with D and A, and that the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. "When two or more persons jointly commit the crime of injury or assault" in Article 2 (2) of the Punishment of Violences, etc. Act means the requirement that there exists a so-called co-offender relationship among the persons. In addition, there is a case where several persons are aware of another person's crime in the same opportunity and use it to commit the crime.

(2) On January 29, 191, 200, 200 Do333, Jan. 29, 2001). Then, the following circumstances acknowledged by the evidence duly examined and adopted by the court below (see, e.g., Supreme Court Decision 90Do2153, Jan. 29, 200). 1) The victim did not accurately regard the defendant's participation in the act of assault at the time of this case at the court below. However, the victim and H testified that he first assaulted A et al. with the victim at the time of this case. 2) At the court of the court below, the witness testified that the victim and H gave testimony that he first assaulted A et al., and later tolded A et al., the victim and H et al. at the time of this case. However, considering the following circumstances, the victim's participation in the act of assault at the time of this case had many names and that the appearance was not clearly specified, it is difficult to view the credibility of the victim and H.