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All the judgment below is reversed.
The sentence of each sentence against the Defendants shall be suspended.
Reasons
1. The summary of the grounds for appeal (the mistake or misapprehension of legal principle) (the act of taking part in the defendant Eul's act of injury and taking part in the defendant Eul's act of injury cannot be viewed as a justifiable act, and the defendants' act of injury was jointly committed by the victim. Thus, the court below found the defendant Eul not guilty as to the violation of the Punishment of Violences, etc. Act (joint injury) on the grounds that the act of injury by the above defendant Eul constitutes a legitimate act and thus the illegality is eliminated, and judged not guilty as to the defendant Eul as to the above violation of the Punishment of Violences, etc. Act (joint injury). The court below found the defendant Eul guilty as to the crime of simple injury in relation to the crime of one crime. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. At around 17:00 on January 30, 2014, the Defendants found the victim E’s residence in Kimcheon-si, Kimcheon-si, and demanded the Defendant to pay the obligations to the Defendant, and the Defendants found the Defendants to defective the Defendant’s desire to “Crest years, opening weathers, opening years, opening years, and opening years”, and Defendant A saw the victim’s face twice with his hand, and Defendant B took part of the victim’s injury by hand.
As a result, the Defendants jointly inflicted an injury on the framework of a pelpel that requires approximately three weeks of treatment on the victim.
B. The lower court determined that Defendant B’s act of injury in this case constitutes a justifiable act and thereby acquitted Defendant B on the violation of the Punishment of Violences, etc. Act (joint injury) on the grounds that the illegality is eliminated, and so long as Defendant B’s act is so dismissed as above, and acquitted Defendant A on the ground that it is not guilty.