The judgment of the court below is reversed.

The sentence of each sentence against the Defendants shall be suspended.

1. Summary of grounds for appeal;

A. Fact-finding: the Defendants did not jointly assault the victim.

B. In light of the legal principles, Defendant B does not constitute legitimate act or self-defense even if the same act as stated in the facts charged is recognized.

(2) Defendant A: Even if the act as described in the facts charged is recognized, it does not constitute self-defense or an emergency evacuation.

C. Unreasonable sentencing: The sentence of the lower court (a fine of two million won) is too unreasonable.

2. Determination

A. Article 2 (2) of the Punishment of Violences, etc. Act provides that "When two or more persons jointly commit the crime of injury or assault or injury" requires that there exists a so-called co-offender relationship between them. In addition, several persons recognize the crime of another person in the same opportunity at the same place and commit the crime by using it. In the case of co-principal who jointly processes and commits the crime, the conspiracy or conspiracy does not necessarily need to be made directly and explicitly, but may be made implicitly and implicitly. In the case of denying the criminal intent together with the fact of conspiracy, the facts constituting such subjective element should be proven by the method of proving indirect facts or circumstantial facts that have considerable relevance to the criminal intent by nature of the object.

(See Supreme Court Decision 2013Do4430 Decided November 28, 2013, etc.). Examining the evidence duly adopted and examined by the lower court in accordance with the aforementioned legal doctrine, the Defendants jointly and severally recognized that the Defendants committed assault to the victim, and the Defendants’ assertion of mistake of facts is without merit.

B. The self-defense or the necessity of an emergency is not allowed or limited to an infringement or danger that was avoided by the determination of legal principles as to the assertion of legal principles.

The court below duly adopted and examined the evidence.