All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles that the Defendant 1 caused the victim’s head by scam to the scam is a legitimate act by the victim’s scambling of the Defendant’s scam and doing so to escape from a certain situation. However, the judgment of the court below convicting the Defendant of the facts charged in the instant case by erroneous determination of facts and misapprehension of legal principles. 2) The sentence of unfair sentencing (six months of imprisonment) of the court below is too unreasonable

B. The punishment of Defendant B (one year of imprisonment, two years of suspended execution, and probation order) of the lower judgment is too unreasonable.

2. Determination

A. Article 20 of the Criminal Act provides that the act of Defendant A’s assertion of misunderstanding of facts does not violate social rules shall not be punished on the basis of the basis of the most basic illegality judgment. According to the provision of the law, even if the act appears to fall under the element of crime according to the language and text of the law, its illegality shall not be dismissed and punished only when it appears that the act is within the scope of historical social order created as a form of normal living. A certain provision of the law recognizes that the act subject to punishment is not unlawful due to social development and that the punishment is contrary to social justice, or if it is possible to evaluate that the act was conducted as a means of social reasonableness in light of the purpose and value of free democracy society, it does not violate social rules.

In order to recognize such a legitimate act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the third protected interests and the infringed interests, the fourth urgency, and the fifth.