Defendant

B Imprisonment for one year, and each of the defendants A shall be punished by a fine of three million won.

Defendant .

A. A. misunderstanding of facts: The Defendants in the acquitted part 1: The Defendants exercised physical force against the body of the victim by taking advantage of the victim’s head behind the parking lot of I building and pushing ahead with the victim’s head. Even if the force is strong, Defendant B’s act also constitutes an assault against the crime of assault. Furthermore, in full view of the following facts: (a) Defendant B was closely related to the dispute with the victim; (b) Defendant B was driving the victim behind the parking lot; (c) destroyed the evidence by manipulating CCTV; and (d) Defendant A’s head was sealed together with the victim, the Defendants jointly committed an assault against the victim. Nevertheless, the lower court recognized this part of the facts charged on the ground that “It is deemed that Defendant B’s head was the victim’s finger, but it is difficult to view it as exercising physical pain to the victim’s head; and (b) Defendant B was acquitted as a sole assault; and (c) Defendant A was acquitted with the reasoning; and (d) Defendant B was acquitted with each judgment of the lower court, thereby affecting the conclusion of the judgment.

B. Each of the Defendants’ punishments is too unreasonable.

2. In full view of the following circumstances acknowledged by the lower court and the evidence duly adopted and examined by the Prosecutor’s argument of mistake of facts, it is reasonable to view that the Defendants jointly committed assault against the victim.

Therefore, the prosecutor's argument of mistake is justified.

① Defendant B stated in the court of first instance that he was aware of the victim’s head.

(2) The assault under the Criminal Act refers to the exercise of tangible force against a person's body, and its tangible force is likely to result in an injury, or at least the risk of causing an injury.