A. The lower court found Defendant A (1) guilty on the basis of the victim’s statement, witness G, H’s statement, and injury diagnosis document, and the lower court erred by misapprehending the legal doctrine and misunderstanding of facts, although there was only a misunderstanding of facts and misapprehension of the legal doctrine on the part of the victim, and there was no assault by the victim.

2) The lower court’s punishment (one million won in penalty) is too unreasonable, which is unreasonable, for the following reasons: (a) the period in which the appeal was filed; (b) the sentencing was rendered; (c)

B. Defendant B (1) misunderstanding of the facts and misapprehension of the legal principles, Defendant B, while the general assembly, found the victim to have a defect.

In other words, it cannot be said that it is an assault as an exercise of an unlawful tangible force that causes physical and mental pain, and it is an act that does not go against social norms and is not contrary to social norms.

Nevertheless, the lower court, which found Defendant B guilty, erred by misapprehending the facts and misapprehending the legal doctrine.

2) The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. According to the reasoning of the lower judgment and the evidence duly admitted and examined by the lower court as to the Defendants’ misunderstanding of facts and legal doctrine, the following facts and circumstances are acknowledged. In full view of this, the Defendants’ act of assaulting the victim and the Defendant B’s act cannot be deemed as lawful act.

The Defendants’ misunderstanding of facts and misapprehension of legal principles are without merit.

(1) Although the victims were to exaggeration some of the circumstances to the complaint, criminal investigation agency, and the court of original instance, the Defendants consistently and specifically make statements to the extent that they were assaulted as stated in the facts constituting a crime in the judgment below.

② According to the weather register of video recording materials at the daily conference of Defendant B, Defendant B shall hold a general meeting.