A. Defendant B, by mistake of fact, only told the victims of a fighting and did not take part in the injury and assault against the victims.

B. It is unfair that each sentence (Defendant A: fine of 2 million won, Defendant B: fine of 1 million won) declared by the court below against the illegal Defendants in sentencing is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below regarding the defendant B's assertion of misunderstanding the facts, and in particular, the victim and witness's statements, the defendant B shared with the defendant Eul et al.

full recognition may be accepted.

Defendant

B’s assertion of mistake of facts is without merit.

B. Examining all the sentencing conditions indicated in the instant pleadings, such as the Defendants’ records of punishment due to violence, re-offending despite the fact that the Defendants had the history of punishment due to violence, the victims did not receive a letter, and the age, sex, family environment, the background and result of the instant crime, and the subsequent circumstances, the lower court’s punishment against the Defendants is too excessive and unfair. Thus, the Defendants’ allegation of the unfair sentencing is without merit.

3. Accordingly, the defendants' appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendants' appeal of this case is without merit. It is so decided as per Disposition.