All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. As Defendant B1’s misapprehension of the legal doctrine (the point of assault on May 11, 2015) submitted a written agreement on October 28, 2015 by the victim, Defendant B (the point of assault on May 11, 2015), the judgment dismissing the public prosecution should have been rendered on this part, but the court below erred by misapprehending the legal doctrine.

2) In fact, the Defendant did not assault the victim on March 5, 2016 (a point of assault on March 5, 2016).

3) The punishment sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unreasonable.

B. Defendant C1) In fact, the Defendant was merely fighting between B and A, not assaulting A, but can be seen as assaulting a interpreter.

Even if this is a legitimate defense or a legitimate act, it is justified.

2) The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. Determination on Defendant B’s grounds for appeal 1) In determining the misapprehension of the legal doctrine as to the allegation of misunderstanding (the point of assault on May 11, 2015), the victim expressed his/her wish not to punish him/her, or withdrawn his/her wishing to punish him/her.

In order to recognize the victim’s true intent should be expressed in a way that is clear and reliable (see Supreme Court Decision 2003Do4934, Jun. 25, 2004). According to the records, a written agreement was prepared on October 28, 2015 between the victim and the Defendant (No. 2 right 972 pages of the evidence record) and “4. A (Defendant) and B (victim) shall not impose any civil or criminal liability on both sides for all cases prior to the date of preparation of the written agreement.

“A fact is recognized that the phrase is written, but the above agreement appears to have been prepared and submitted with respect to a separate mutual assault case between the victim and the defendant before the victim files a complaint with the investigation agency, and is called “all cases before the date of preparation of the agreement”.