The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 1,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant .

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the prosecutor (1) found Defendant A guilty of Defendant A on the ground that Defendant A committed an assault against the victim, although the court below found Defendant A guilty of the charge.

(2) The lower court’s punishment on Defendant B’s wrongful assertion of sentencing (one year of suspended sentence in six months of imprisonment, 40 hours of attending lecture for violent treatment, and 80 hours of community service order) is too unhued and unreasonable.

B. Although Defendant B (1) was not guilty of having inflicted an injury upon the victim’s face due to Defendant B’s drinking, the lower court found Defendant B guilty of the facts charged.

(2) The misunderstanding of the legal doctrine attempted to ask Defendant B to open the processed matter to the entrance of Defendant B, and the victim was injured during the process of preventing Defendant B from doing so, which constitutes a legitimate defense, as an act to defend the harm to Defendant B’s body.

In addition, the victim brought the defendant B's Hand phone without permission, and if the defendant B followed the victim to find it back, the victim's act constitutes quasi-Robbery. In this situation, the defendant's act of resistance is also a legitimate defense.

Nevertheless, the court below erred by misapprehending the legal principles and found the facts charged.

(3) The lower court’s improper sentencing is too unreasonable.

2. The prosecutor's ex officio judgment prior to the judgment on the grounds for appeal by the defendant B and the prosecutor's judgment on the grounds for appeal by the court below, and the defendant's "Assault" and "injury" with the name of the crime against the defendant A and the name of the crime against the defendant B are "violation of the Punishment of Violences, etc. Act (joint injury)", and Article 260 (1) of the Criminal Act applicable to the defendant A and Article 257 (1) of the Criminal Act applicable to the defendant Eul" are each "Article 2 (2) and (1) of the Punishment of Violences, etc. Act, Article 257 of the Criminal Act, and Article 257 of the Criminal Act" against the defendant A.