All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts is limited to possessing a knife to drink by cutting off an excessive day, and only explaining the knife knife between retails in the course of tobacco purchase, and the victim is cruel. The Defendant does not threaten the victim. 2) In light of the fact that the Defendant has an unfortunate mind about the victim’s play by his own act, the Defendant did not repeat the crime, the Defendant did not repeat the crime, and the Defendant’s health and living environment, etc., the lower court’s imprisonment (ten months of imprisonment, and confiscation) is too unreasonable.
B. In light of the fact that the prosecutor Defendant had been punished several times for violent crimes, and that the Defendant repeated the crime of interference with business during the period of repeated crime, the lower court’s punishment is too uneasible and unreasonable.
2. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or there are exceptional circumstances where it is deemed that maintaining the first instance court’s judgment on the credibility of a statement made by a witness of the first instance court is significantly unfair considering the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing argument at the appellate court, the appellate court shall not reverse the first instance court’s judgment on the grounds that the first instance court’s judgment on the credibility of a statement made by a witness of the first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). In this case, the victim from the investigation agency of the first instance to the lower court.