All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

가. 피고인 ⑴ 사실 오인 및 법리 오해 피고인은 피해자 G이 피고인의 멱살을 잡자 이에 대항하기 위해 피해자의 멱살을 잡았으므로 정당 방위 내지 소극적 저항행위로서 정당행위에 해당하고, 피해 자로부터 일방적으로 눌리면서 발버둥을 쳤는데 그 과정에서 발이 피해자의 복부에 닿았을 수는 있으나 발로 피해자를 찼던 적은 없고 이러한 행위도 정당행위 내지 정당 방위에 해당한다.

In addition, F, a single defendant, was assaulted jointly with the defendant because he only took clothes of the victim to assault the victim's assault.

shall not be deemed to exist.

Nevertheless, the court below erred by misapprehending the facts and misapprehending the legal principles, thereby finding the Defendant guilty of joint assault.

2. The sentence imposed by the court below on the defendant is too unreasonable in light of the fact that the defendant suffered a greater damage than the victim G, and the victim received a disposition of non-prosecution, and agreed with the victims, etc.

B. In full view of the prosecutor’s (i) the consistent statement of the victim C as to the damage caused by mistake of facts, the form and method of assault, and the circumstances in which the victim was injured by the Defendant’s act but did not receive medical treatment due to hospital costs, the Defendant is recognized to have inflicted an injury by assaulting the victim as stated in the instant facts charged.

Nevertheless, the lower court rendered a not guilty verdict on the injury by misunderstanding the facts, and dismissed the prosecution on the ground that the victim’s non-explosive expression of intent to punish the victim C.

B. In light of the fact that the Defendant did not recognize the error of sentencing and the victim is responsible, the sentence (2 million won) imposed by the lower court is too uneased and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles.