The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for four months.

, however, from the date this judgment becomes final.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two months of imprisonment, two years of suspended execution, etc.) is excessively unreasonable.

B. Defendant B (1) In relation to the mistake of fact, the court below found the Defendant guilty of this part of the facts charged, even though the victim A had not been damaged by the floor.

(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (two months of imprisonment, two years of suspended execution, etc.) is excessively unreasonable.

2. Determination

A. (1) Determination of the mistake of facts as to Defendant B’s assertion (i) an ordinary act of attack and defense was conducted throughout the course of an attack and defense, and the act of defense was also conducted at the same time, and the two areas of attack, which is the act of attack. Thus, even if the two parties appear to have fighting, barring special circumstances such as (i) one party unilaterally committed an attack and (ii) the other party exercised force as a means of resistance to protect himself/herself from such attack, barring special circumstances such as (iii) one party unilaterally committed an attack, and (iv) the other party exercised force as a means of resistance to escape from such attack, it cannot be said that only one party

(2) In full view of the following circumstances acknowledged by the evidence duly investigated and adopted at the lower court’s judgment on December 8, 2011 (see Supreme Court Decision 2011Do13927, Dec. 8, 201), it is reasonable to find the lower court to have recognized that Defendant B inflicted an injury on the victim A as stated in the facts charged.

(A) Although Defendant A had been placed at the entrance of the building owned by Defendant B, there was conflict with Defendant B due to the lack of payment of the construction cost, Defendant A passed since Defendant A did not pay the construction cost, and she was wraped with Defendant B when she talked with each other. At the time, the Defendants were under the influence of alcohol, and at that time, the Defendants were able to live in a breath and tightly congested with each other.