The judgment of the court below is reversed.

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

The above fine shall not be paid by the Defendants.

1. The gist of the grounds for appeal is that the lower court’s punishment (a fine of one million won, a fine of one million won, and a fine of 1.5 million won) is too unreasonable.

2. The crime of this case is found to be unfair by comprehensively taking into account all the following factors: (a) the Defendants were interested in a dispute with the victim with respect to the establishment of transmission towers, and the degree of assault is relatively minor; (b) the Defendants were the first offender; (c) the victims do not want the punishment of the Defendants by mutual agreement with the victim at the time of the trial; (d) Defendant A, from the trial of the court below, Defendant B was aware of the commission of the crime at the time of the trial; and (e) Defendant B was against the mistake by recognizing the crime at the time of the trial; and (e) other factors indicated in the instant report and the changed theory, such as the Defendants’ age, sexual behavior, environment, the background, means and consequence leading to the crime of this case; and (e) the circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the gist of the evidence admitted by this court is as follows: (a) except for the addition of “Defendant B’s oral statement” to the summary of the evidence, it is identical to each corresponding column of the lower court’s judgment; and (b) thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 201); Article 260(1) of the Criminal Act; the selection of each fine for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for each order of provisional payment are determined as the same as the order in consideration of the sentencing conditions set forth in Article 334(2) of the above Act.