The judgment of the court below is reversed.

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 5,00,000 won.

Defendant .

1. Summary of grounds for appeal;

A. The defendant A and his defense counsel (1) were not erroneous, and the defendant A had not inflicted an injury by getting the victim B to get the part of the harm.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of injury to the victim B among the facts charged in the instant case.

(2) In light of the fact that Defendant A, who was unjustly sentenced in sentencing, recognized the rest of the crime except for the injury inflicted on the victim B and there is no record of punishment sentenced, the lower court’s sentence that sentenced Defendant A imprisonment with prison labor for a year and two months is too unreasonable.

B. Defendant B’s counsel (1) misunderstanding the legal doctrine and Defendant B’s act committed to prevent the Defendant’s mother-child’s act in an imminent situation where the Defendant’s mother-child was invaded at night to assault the Defendant at night, and thus constitutes a legitimate defense, even if the Defendant B’s act exceeds the reasonableness, it constitutes a legitimate defense, and even if the act was committed in excess of the reasonableness, it constitutes an excessive defense due to fear, light, entertainment, or confusion under night and other extraordinary circumstances.

(2) On February 9, 2017, Defendant B was sentenced to a suspended sentence of one year for fraud at the Seoul Central District Court, which was sentenced to a one-year imprisonment, and the judgment became final and conclusive on February 17, 2017. In light of the fact that the crime of this case and the crime of this case, for which the judgment became final and conclusive, should take into account the equity with the case of concurrent crimes after Article 37 of the Criminal Act at the same time, and thus, the lower court’s sentence that sentenced Defendant B of a fine of KRW 7,00,000 is too unreasonable.

(c)

In light of the fact that the prosecutor (unfair sentencing with respect to Defendant B) was able to be sentenced to criminal punishment for violent crimes committed by Defendant B, etc., the sentence against Defendant B is too uneasible and unfair.

2. Determination

A. The Defendants’ assertion of misunderstanding the facts or misapprehension of the legal doctrine as to the Defendants’ assertion is also alleged in the lower court’s appeal.