All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment against Defendant A (one million won in penalty) is too unreasonable.

B. Defendant B merely defended Defendant A’s unilateral assault at the time of the instant case, and thus, Defendant B’s act constitutes legitimate defense and cannot be punished.

2. Determination

A. In light of the developments leading up to the mutual assault in this case, which can be seen by the evidence duly adopted and investigated by the lower court, and the detailed form of acts before and after Defendant B at the time, Defendant B’s act of causing the victim’s b to face with flaps and body in the wall is deemed as an act of attack committed during a fighting and at the same time as an act of attack, and thus, it cannot be deemed as a legitimate defense.

Therefore, Defendant B’s assertion is without merit.

B. In full view of the following: Defendant A was sentenced to two years of imprisonment for the crime of rape in 2003; Defendant A had several times of crimes including three times of punishment; Defendant A did not agree with the victim B; Defendant A’s age; sexual conduct and environment; Defendant A’s motive, means and consequence of the crime; and other various sentencing conditions specified in the instant argument, including the circumstances after the crime, etc., the lower court’s sentence against Defendant A is too excessive and unfair. Thus, Defendant A’s assertion is without merit.

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