The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 300,000.

The Defendants did not pay a fine.

Summary of Grounds for Appeal

A. The sentencing of Defendant B (the fine of KRW 400,00) by the lower court is too unreasonable.

B. The lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which affected the conclusion of the judgment, although the Defendant’s act constituted self-defense or legitimate act, even though it does not constitute self-defense or legitimate act, since the Defendant’s act constituted an active anti-defense against the victim A beyond the passive limit of defense, and has the nature of an attack against the victim B.

Judgment

A. The lower court already reduced the amount of fine (500,000 won) under the summary order by taking into account the circumstances favorable to the Defendant, etc. However, the lower court’s sentencing is somewhat unreasonable in view of the following circumstances: (a) there are circumstances that could have been concurrently punished in relation to the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) stated in the first head of the crime in the judgment of the lower court; (b) the victim does not want punishment against the Defendant; and (c) other various circumstances that form the conditions for sentencing specified in the records and arguments of the instant case, such as equity between similar cases and sentencing; (d) the motive and circumstance of the instant crime; (e) the motive and circumstance of the instant crime; (e) the Defendant’s age; and (e) the character and conduct; and

Therefore, Defendant B’s assertion is justified.

B. On May 27, 2013, the summary of the facts charged is the person who operates the F-Public Notice Hostel. The Defendant, around 18:00 on May 27, 2013, assaulted the victim B (the Defendant, on the ground that he reported her assault once to the police, on the ground that he reported her to the police at the F-Public Noticeel located in the Busan Suwon-gu E and the second floor (the 40-year-old general telephone) on the ground that the Defendant reported her bronon on the police, and assaulted the Defendant’s face on the part of the Defendant’s face, such as brons, once spits, etc., on both hand and body of the victim.