The judgment of the court below is reversed.

The sentence of each sentence shall be suspended against the Defendants.

1. Summary of grounds for appeal;

A. Fact-finding: the Defendants did not assault the victim.

B. Legal principles: Although the Defendants requested the victim to not take their pictures, they refused to comply with such request; thus, they committed the same act as stated in the facts charged in order to restrain it, which constitutes a legitimate act that is reasonable to the extent permitted by social norms.

Nevertheless, since the judgment of the court below was judged guilty, the judgment of the court below erred by misapprehending the legal principles.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of fact, the facts charged of this case is sufficiently recognized.

Therefore, the above assertion by the Defendants is without merit.

B. According to the evidence duly adopted and examined by the lower court regarding the assertion of misapprehension of the legal doctrine, the following facts are acknowledged: ① Defendants and the victim’s side are the believers in conflict with the same church; ② At the time of the instant case, the body fighting between both sides was taken by the victim with the handphone of the victim to collect evidence; ③ the Defendants committed the act as stated in the facts of the crime in the lower judgment in order to prevent the victim from taking photographs.

In light of the above facts, it is difficult to view the Defendants’ act as merely a passive resistance, and it is also difficult to view it as an act meeting the requirements to be recognized as a justifiable act (the legitimacy of motive or purpose of the act, the reasonableness of the means or method of the act, and the balance of legal interests between the protected interest and the infringed interest).

Therefore, the above assertion by the Defendants is without merit.

C. We examine ex officio the decision of the court below on the inappropriate sentencing.

B. In light of the circumstances surrounding the instant case, such as the port description, this case is examined.