The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 1,000,000.

The above fines are imposed by the Defendants.

1. Summary of grounds for appeal;

A. The degree of force used by the Defendants for the victims of mistake of facts is extremely minor and does not constitute violence.

B. The sentence sentenced by the court below on unreasonable sentencing (the defendant's each fine of one million won) is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

According to the records, although the court below seems to have finished the examination of evidence submitted by the prosecutor, there are grounds for reversal in this part by receiving new evidence list for the interests of the defendants and compiling it, and then again conducting the examination of evidence as to the evidence recorded in the evidence list for the interests of the defendants, since the parts on the defendant B and the part on the defendant A among the judgment below as to the facts constituting a crime committed by the defendant, the court below rendered a single punishment in view of the facts constituting a concurrent crime under the former part of Article 37 of the Criminal Act. Thus, the judgment below against the defendants cannot be maintained in its entirety.

3. Judgment on the defendants' assertion of mistake of facts

A. As seen above, the Defendants’ assertion of misunderstanding of facts is still subject to the judgment of this court, and this is to be examined in hereinafter.

B. In the crime of assault under Article 260 of the Criminal Act, violence refers to the exercise of unlawful tangible force against a human body, and its illegality should be determined by comprehensively taking into account the purpose and intent of the act, circumstances at the time of the act, form and type of the act, existence and degree of pain inflicted on the victim, etc.

(See Supreme Court Decision 2009Do6800 Decided September 24, 2009, etc.). According to the evidence duly admitted and examined by the court below, the victim is the victim as stated in the facts constituting the crime in the judgment below.