Defendants shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the Defendants.

2. Determination

A. The Defendants committed an injury by mutual assault with the view to noise between floors. The Defendants’ nature of the crime is that the crime is not weak, etc., which is disadvantageous to the Defendants.

B. However, in full view of the following circumstances: (a) the Defendants reached a unanimous agreement with each other when they were in the trial; (b) the Defendants committed the instant crime by contingently; (c) Defendant B was the first offender who has no record of criminal punishment; and (d) the Defendants’ age, details of the instant crime; and (c) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the circumstances after the commission of the crime, the sentence imposed by the lower court is too unreasonable

C. Therefore, the Defendants’ assertion is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The substance of the facts charged and the gist of the evidence admitted by the court is as follows, except for the addition of “the defendant B’s oral statement” in the summary of the evidence, and thus, it is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 3

Application of Statutes

1. Defendants of the relevant legal provisions and the choice of punishment concerning criminal facts: Article 257 (1) of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act