A. According to the evidence submitted by the prosecutor as to the facts charged of violation of the Punishment of Violences, etc. Act (1) the court below judged that the above violence was committed by the defendant A alone, since the court below erred by misunderstanding the facts, or by misapprehending the legal principles as to joint assault as provided in the Punishment of Violences, etc. Act, since the defendants' joint assault was sufficiently recognized.

(2) According to the evidence submitted by the prosecutor as to the charges of obstruction of performance of official duties and injury, even if the Defendants jointly committed assault and injury to the police officer K, the lower court determined that the above charges were the sole crime by Defendant A, and thus, there was an error of misapprehending the legal principles as to obstruction of performance of official duties or injury.

B. As to Defendant B, the punishment (a fine of KRW 5 million) imposed by the lower court on Defendant B is too unreasonable.

2. Determination

A. Examining the evidence duly adopted and examined by the court below in light of the records of this case as to the defendants' assertion of mistake of facts and misapprehension of legal principles, the court below is justified in holding that each of the facts charged in this case constitutes a case where there is no proof of crime, and there is no error of misunderstanding of facts or misunderstanding of legal principles as argued by the prosecutor.

B. The lower court’s judgment on the assertion of unfair sentencing against Defendant A, comprehensively taking into account various favorable or unfavorable circumstances into account.