The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B. The Defendant A and C’s appeal are all not guilty.

1. Summary of grounds for appeal;

A. In fact-finding (Defendant B), Defendant B, Defendant A, C, and the victim made a fighting, and Defendant A and C did not inflict any injury on the victim, jointly with Defendant A and C.

B. The sentence imposed by the lower court on the Defendants (Defendant A: a fine of KRW 5 million, Defendant B, and Defendant C: each fine of KRW 2 million) is too unreasonable.

2. Judgment on the assertion of mistake of fact (Defendant B)

가. 이 부분 공소사실 피고인들은 2012. 9. 8. 01:10경 부천시 원미구 E 지하에 있는 ‘F’ 주점으로 내려가던 중, 피고인 C이 피해자 G(33세)과 어깨를 부딪치며 서로 시비가 되어, 피고인 B은 피해자와 손을 맞잡은 상태에서 피해자를 뿌리치는 방법으로 피해자를 바닥에 넘어뜨리고, 피고인 A는 피해자의 머리채를 잡아 바닥에 쓰러뜨린 후 피해자의 얼굴 부위를 발로 수 회 차고, 피고인 C은 피해자의 멱살을 잡아 밀쳐 바닥에 쓰러뜨린 후 발로 피해자를 수 회 찼다.

As a result, the Defendants jointly inflicted the injury on the right side of the inner wall that requires approximately six weeks of treatment on the victim.

B. 1) First, according to CCTV images duly adopted and examined by the lower court, Defendant B’s rootsd the victim under the status of the victim and his grandchildren, and recognized the fact that the victim exceeded the floor. 2) However, the Defendant B asserted that it was an act of speech with the victim and the rest of the Defendants, and thus, examined this point.

Defendant

B There is a statement in the court of the court below and the investigative agency of the victim as evidence that the victim's injury was inflicted jointly with the other defendants. In the police investigation, the victim's "the defendant B (the male who suffered a difficult color) was in the middle of the middle, sealed the victim's neck, sealed the head of the body, and removed."