The judgment of the court below is reversed.

Defendant

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

Defendant

A does not pay the above fine.

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles did not jointly assault the victim, and even if the Defendants’ act was not illegal because it constitutes (influence) emergency evacuation, (influence) self-defense or legitimate act, the lower court erred by misapprehending the legal doctrine, thereby convicted the Defendants.

B. Each sentence (Defendant A: a fine of 2 million won, Defendant B: a fine of 700,000 won) imposed by the lower court on the Defendants is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the fact that Defendant A, as stated in the facts charged in the instant case, took the victim’s left arms in good faith, and then pushed the victim under the stairs is recognized.

Next, we examine the facts charged that Defendant B, around January 1, 2014, around 23:40, 2014, she moved the victim’s hump from the second floor of Edynasium in Yangcheon-gu Seoul Metropolitan Government F to the lower stairs.

The statements made at the investigative agency and court of the victim, which correspond to this part of the facts charged, are difficult to believe in light of the victim’s statement in the investigative agency and court, which correspond to this part of the facts charged, in the light of field video CD images (as the above images, although Defendant B attached with the victim’s body but did not attract the victim, and as Defendant A was able to get the victim’s arms into the stairs, it is recognized that the victim was towed under the stairs), and the remaining evidence submitted by the prosecutor alone is insufficient to prove the facts charged against Defendant B.

Therefore, the facts charged against Defendant A and the facts charged of assaulting the victim jointly with Defendant B are recognized. However, there is no proof as to the facts charged of assaulting the victim.

B. Determination of the misapprehension of the legal principle as to the assertion of the above evidence (Defendant A), the motive, background, means, method, and method of the instant crime.