All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

사실오인 내지 법리오해 우발적으로 B이 운영하는 음식점의 화분을 발로 1회 찼을 뿐이고, 화분 3개를 일부러 깬 것은 아니다.

In addition, it is true that the defendant had soil inside the restaurant, but did not put part of the soil into the food of customers.

In addition, the defendant's act was done by exercising his right of defense against the acts of B, and there was no intention to obstruct the restaurant's business.

The punishment (fine 700,000 won) imposed by the court below on the defendant is too unreasonable.

The above-mentioned sentence imposed by the court below on the defendant by the public prosecutor is too uneasible.

The lower court acknowledged the circumstances based on the evidence duly examined by the lower court as to the Defendant’s assertion of misunderstanding of facts or misapprehension of legal doctrine, namely, “E was frighted in a restaurant on August 9, 2017,” and “E was frighted from the restaurant to the customers who were frightd with the Defendant including himself, and frighted with soil on the floor of the restaurant math,” and “the fright was frighted on the floor of the restaurant math, including the Defendant’s fright.”

In light of the fact that: (a) the statement to the court was made; (b) three congested in front of a restaurant; (c) soil was scattered in the restaurant floor, the restaurant floor and the camera; (c) customers, who had been in the restaurant, did not complete the examination of the fact that they did not complete the examination of the fact as above; and (d) the defendant was found in the restaurant due to parking problems; and (c) the defendant exercised the tangible power, such as taking out three parts owned by the victim and interfering with the business of the victim's restaurant; and (d) first of all, the head of the Gu and the victim got the victim and the victim of the paper cup, including tobacco butts and coffee.

Therefore, the defendant's assertion of mistake or misapprehension of legal principles is without merit.

The defendant and the prosecutor, respectively.