The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 700,00, and by a fine of KRW 500,000.

1. Summary of grounds for appeal;

A. Defendant A (i.e., mistake of facts and misapprehension of the legal doctrine) only caused the victim B to defend the aggressive act of the victim B at the time of the instant case.

Nevertheless, on the premise that Defendant A’s act does not constitute a legitimate defense or excessive defense, the lower court convicted Defendant A of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine on a legitimate defense and misapprehending the legal doctrine.

Shebly Sentencing the sentence of the lower court (the amount of KRW 3 million) is too unreasonable.

B. (1) Defendant B, as at the time of the instant case, misunderstanding of the facts, was limited to Defendant B’s neck, divided Defendant B’s body, divided Defendant B’s body, and pushed the victim A to escape from the pressure, and there was no fact about the victim’s chest and face, and there was no intention to inflict an injury on the victim A.

In addition, Defendant B’s act constitutes a legitimate defense or legitimate act, which committed a passive resistance to defend the victim’s body against an unjust act of violence.

Nevertheless, the court below found Defendant B guilty of the facts charged. The court below erred by erroneous determination.

Shebly Sentencing the sentence of the lower court (2 million won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding Defendant A’s misunderstanding of the facts and the assertion of mistake of the facts by Defendant B, the following facts are as follows: (a) while the Defendants were in dispute in the guest room, the Defendants 1 was pushed down on the part of Defendant B after having pushed down Defendant B as Defendant B, and (b) followed Defendant B’s face and side at the time of taking over about two weeks of medical treatment; and (c) Defendant B was inflicted an injury, such as brain, which requires approximately two weeks of medical treatment; and (d) Defendant B was sealed by Defendant B and Defendant A.