The judgment of the court below is reversed.

Defendant

B shall be punished by a fine of KRW 1,000,000.

Defendant

B does not pay the above fine.

1. Summary of grounds for appeal;

A. Defendant A (1) The Defendant did not assault the victim B.

(2) The lower court’s sentence of unreasonable sentencing (the fine of KRW 300,000) is too unreasonable.

B. Defendant B (1) Act of mistake of facts constitutes self-defense, since the Defendant’s act was against the victim’s desire and assault.

(2) The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. First of all, we examine Defendant A’s assertion of mistake of facts regarding the Defendants’ assertion of mistake of facts.

In full view of the evidence duly examined and adopted by the court below, in particular the victim B's investigation agencies and the statements in the court of the court below, since the above defendant could sufficiently recognize the facts of assault against the victim B as stated in the facts constituting the crime in the judgment below, the judgment of the court below which convicted the defendant is just, and there is no

Next, we examine the defendant B's argument of mistake of facts.

The defendant asserted the same purport in the court below, and the court below rejected the above argument on the ground of the "decision on the above defendant's and defense counsel's argument". If the judgment of the court below is examined closely with evidential materials, the judgment of the court below is just, and there is no error of misunderstanding of facts or misunderstanding

B. The Defendants’ determination on the assertion of unfair sentencing by the Defendants is the primary offender, the victims’ damage did not occur, the Defendants committed the instant crime contingently in the process of setting up against the physical assault from Defendant B, and the victims A committed the instant crime in the process of setting up against the Defendant’s physical assault, etc., including the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc.