The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 500,000 won.

Defendant

B.

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) Defendant A committed an act, such as gathering a person to make a claim against B with a assault, but there was no intention to interfere with his business. Defendant A’s act, such as spitation, spiting, flabing, etc. on the face of B, constitutes legitimate defense as it is for the purpose of defending against B’s attack, but the lower court which found Defendant A guilty of the facts charged of this case to have erred by misapprehending the facts and adversely affected the conclusion of the judgment.

2) Defendant B did not commit any assault against A, and even if so, Defendant B used such assault.

Even if it constitutes a legitimate defense that is to defend themselves from the attack A, the court below which found the guilty of the facts charged of this case has erred by misunderstanding facts and thereby affecting the conclusion of the judgment.

B. Each sentence sentenced by the lower court (Defendant A: imprisonment with prison labor for 5 months, Defendant B: fine of 1.5 million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant A’s assertion on fact-finding, it is recognized that Defendant A, who was in the convenience store calculation team, franchising the test cost, franchising b’s face in the process of wrapping with B, franchising it, and b’s face, franchising out of the convenience store, and granchising out of the convenience store, and glars.

Thus, Defendant A had a perception and intent to obstruct B’s convenience store business at the time of the above act.

On the other hand, Defendant A’s assault against Defendant A cannot be seen as a legitimate defense.

2) According to the evidence duly admitted and examined by the lower court regarding the Defendant B’s assertion, it is recognized that Defendant B, in the process of wrapping with Defendant B, took the face of Defendant B, and kid up A out of convenience stores.

Thus, Defendant B assaulted A, and the above assault was passive.