Defendants shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the Defendants.

A. The defendants did not assault or injure the victim, and even if not, the defendants' act does not constitute a legitimate act or an emergency evacuation, and thus, the court below's judgment convicting the defendants of the facts charged is erroneous in misunderstanding of facts or misunderstanding of legal principles.

B. The sentence of the lower judgment against the Defendants by the prosecutor (a fine of KRW 700,00,000) is too unfilled and unreasonable.

2. Determination

A. The following circumstances acknowledged by the record of this case as to the Defendants’ assertion of 1 mistake of facts, and ① the victim made a consistent and concrete statement to the effect that “Defendant A instructed Defendant B and C to attract the victim, and Defendant B and C had the victim kneeped with their arms by drawing the victim’s arms from both sides,” and there is no reasonable reason to suspect the credibility of the above statement. ② Defendant B and C police stated in the purport that “Defendant B and C made the victim kn't own arms from both sides, and kn't the victim’s body fight with different places,” ③ witness I and JJ made the victim k's statement to the effect that “The victim kn't kn't and kn't the victim’s body kn't kn't with the victim’s remaining kn's body kn't with the victim’s statement that: < Amended by Presidential Decree No. 20600, Apr. 2, 2006>