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

Defendant

B A person shall be punished by imprisonment for not more than four months.

Defendant

A.

A. Defendant A (1) misunderstanding of facts: Although the defendant has a fact that he/she takes the victim's face by selling his/her elbow, he/she has not taken the victim's face due to the fact.

(2) Unreasonable sentencing: The sentence of the lower court (one month of imprisonment) is too unreasonable.

B. The sentence of Defendant B (six months of imprisonment) is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and investigated by the lower court regarding Defendant A’s assertion of mistake of facts, the following circumstances are acknowledged.

① In other words, the victim suffered injury, such as the frame of the inner wall that requires treatment for about eight weeks by the Defendants’ act, ② the upper part of the victim's face may arise by strong external force, and ③ Co-Defendant B testified in the court of original instance that Defendant A was exposed to the victim's face due to his appearance (However, even though the statement of Defendant B is not consistent with the investigation agency, Defendant B did not make an active statement at an investigation agency because Defendant A did not take any particular measure different from the promise, and Defendant A did not take any other measure so that Defendant B could not suffer disadvantage as it appears to be a principal offender, and the victim's face could be proved to be the cause of the upper part; ④ The victim's face cannot be admissible as a witness for reasons such as unknown whereabouts, but it appears that Defendant B made a statement from the original person who made the original statement under Article 26(1) of the Criminal Procedure Act.