A. Defendant A (the 500,000 won of fine) of the lower court is too unreasonable.

B. Defendant B (the factual error, the misapprehension of the legal principle, and the unreasonable sentencing) (1) Defendant B merely obstructed Defendant A in order to prevent the escape of Defendant A, and did not have the intention of assault.

(2) Defendant A assaulted Defendant B, and Defendant B only came to have a physical contact with Defendant A in the process of blocking Defendant A from escape in order to prevent the flagrant offender from escape of Defendant A.

Therefore, the illegality of Defendant B's act constitutes legitimate self-defense or legitimate act during the process of arresting a flagrant offender.

(3) Even if Defendant B’s crime of assault is found guilty, the lower court’s punishment is too unreasonable.

2. Determination on the grounds for appeal

A. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle with respect to Defendant A, ought to be respected in cases where there exists a unique area of sentencing in the first instance court, compared to the first instance court, there is no change in the conditions of sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). In the instant case where there are no special circumstances or changes in circumstances that may be considered for sentencing newly in the trial, the lower court’s determination of the sentence against Defendant A was made once based on the following factors: (a) the grounds for consideration in determining the sentence against Defendant A; and (b) the age, character and conduct of Defendant A; (c) the character and conduct of Defendant A; (d) the details and circumstances of the offense; and (e) the circumstances after the commission of the offense, etc., the lower court’s sentence against Defendant A is too unreasonable and thus

B. (1) In order to prevent Defendant B from escaping from committing an assault flagrant offender, Defendant B inevitably avoided Defendant A’s course.