The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for four months.

, however, from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In full view of the evidence submitted by the prosecutor of fact-finding, despite the fact that the Defendants jointly used the victim F's eye with his fingers as stated in the facts charged and walked the victim's right shoulder, etc. on several occasions, such as the victim's right shoulder, and could sufficiently be recognized that the Defendants took part in the opening of the right circuit that needs to be treated for about six weeks, the court below found the Defendants guilty only of joint assault and found the Defendants not guilty of the joint injury portion, and found the Defendants not guilty of each of the joint injury portion.

B. The sentence sentenced by the lower court (for the Defendants, KRW 3 million per each of the fines) is too uneased and unfair.

2. Determination

A. In light of the records, a thorough examination of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts is justified in finding the Defendants not guilty of this part of the facts charged on the basis of the circumstances stated by the court below. The court below erred in the misapprehension of the facts alleged by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

B. Defendant A did not have any history of criminal punishment prior to the instant case, and Defendant B did not have any history of punishment heavier than a suspended sentence due to the same crime. At the time, the Defendants appears to have committed the instant crime in contingency and impulsely under the influence of alcohol, and the Defendants deposited KRW 6 million (victim F: KRW 5 million, and KRW 1 million for the victims G) in order to recover from the victims’ damage, etc., which are favorable to the Defendants.

However, Defendant B had a record of being punished by a fine due to the same crime, and the crime of this case was caused by minor reasons, such as that the victim F and the shoulder were faced while the Defendants were walking along the paths.