B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.

A. Defendant B (1) Although the Defendant was not guilty of having committed an assault against the Defendant, the lower court erred by misapprehending the facts, thereby convicting the Defendant of the charge of assaulting the Defendant.

2) The punishment sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

B. In full view of the evidence submitted by the Prosecutor 1, the lower court erred by misapprehending the facts and finding the Defendant B not guilty of the charges of injury on the part of the Defendant, even though it was sufficiently recognized that Defendant B had the victim’s side gates beyond the victim’s gates, and caused two injuries, such as double gates, which require approximately four weeks of treatment, etc., but the lower court erred by misapprehending the facts.

2) The sentence sentenced by the lower court to the Defendants (Defendant A: a fine of 4 million won, Defendant B: a fine of 2 million won) is too uneased and unreasonable.

2. Judgment on the grounds for appeal

A. Comprehensively taking account of the evidence admitted by the court below as to Defendant B’s assertion of mistake of facts, Defendant B’s assertion of mistake of facts is without merit, and thus, Defendant B’s assertion of mistake is without merit.

B. As to the prosecutor’s assertion of mistake of facts, the lower court denied the credibility of the victim and witness’s statement at the end of the examination of witness by summonsing the victim and witness, and acquitted the Defendant B of the facts charged. The lower court clearly erred in its determination.

There is no discovery of any circumstance that can be seen.

The prosecutor's assertion of mistake is without merit.

(c)

Defendant

The defendant A had been punished several times for violent crimes, and the crime of assault in this case was committed during the period of repeated crimes.

The Defendants did not make any effort to recover damage caused by the instant assault crime.

Defendant A: this case.