The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 2.5 million won, and Defendant B shall be punished by a fine of 2.0 million won.

1. Summary of grounds for appeal;

A. Crime No. 2.B. in the judgment of the court below by mistake of facts

There is no fact that the chest of the victim H was pushed together once, such as the statement in the port.

Nevertheless, the judgment of the court below which found the defendants guilty of assaulting the above victim jointly is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 2 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On May 16, 2017, at around 01:25, the Defendants, while assaulting “G” in the front of the restaurant located in Mapo-gu Seoul Mapo-gu, are dissatisfied with the 112 report by the victim H, who was a witness, and the Defendant A expressed the above victim the victim “I am am am am am am am am am am am am am am am am am am am am. am. am. am. am.. am........ Defendant B expressed the above victim the above victim “I am am am. I am am. I am am am am. am.. am.. am... I am. am. I am. am. am. am. am.... I am am. am... am., the victim’s chest.”

Accordingly, the Defendants jointly assaulted the victim.

B. The lower court determined that the admissibility of evidence was exceptionally acknowledged pursuant to Article 314 of the Criminal Procedure Act, on the facts charged in this part, on the ground that the victim H’s statement made by the police constitutes a case where the victim H was unable to make a statement on the trial date, and that the statement or preparation was made in a particularly reliable state, and that this part of the facts charged is recognized by the victim H’s statement at the police and the E’s statement by the assent.

C. Whether the protocol of statement by the police against the victim H is admissible as evidence or not.