The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months, and by a fine of three million won.

Defendant .

Of the facts charged in the instant case against Defendant A, the lower court dismissed the public prosecution regarding the charge of assault and assault against Defendant A, and convicted each of the remaining facts charged. Since only Defendant A appealed against the guilty part of the lower judgment, the dismissed part of the public prosecution that Defendant A and the Prosecutor did not appeal became final and conclusive separately.

Therefore, the scope of the judgment of this court among the facts charged against Defendant A is limited to the guilty part of the judgment of the court below.

The summary of the grounds for appeal by the Defendants is that the punishment imposed by the lower court (one year of imprisonment for Defendant A, and seven million won of fine) is too unreasonable, and thus, the Defendant A did not have been sentenced to imprisonment, and the Defendant A agreed with the Victim G after the instant crime was committed, his mistake was divided in depth, Defendant B was a first offender without any previous conviction, Defendant A committed the instant crime in the process of speaking the fighting of the Co-Defendant A, and was divided in depth, and other various circumstances that are the conditions for sentencing as indicated in the instant case. In light of the fact that the Defendant’s mistake was divided in depth, and other various circumstances, the sentence imposed by the lower court against the Defendants is deemed unfair, and all of the above arguments are justified.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the evidence and the summary of the judgment of the court below is as follows: “victim G (31)” in the 8th sentence in the Criminal Procedure Act is dismissed as “victim G (30)” and “I” in the 2nd sentence and the 17th sentence in the judgment of the court below, except for the deletion of “I” in the 3th sentence and 17th sentence in the 3th sentence in the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

A. The point of Defendant A’s injury: The point of obstructing the performance of official duties under Article 257(1) of the Criminal Act: The point of impairing public goods under Article 136(1) of the Criminal Act: Article 141(1) of the Criminal Act;

B. Defendant B’s Criminal Code Article 136.