The appeal by prosecutor and defendant shall be dismissed.

1. Summary of grounds for appeal;

A. Defendant - The lower court’s punishment (two million won of fine) on the ground of unfair sentencing is too unreasonable.

B. Prosecutor 1) According to the CCTV video of misunderstanding of facts (not guilty part), since the victim was frighten in the process of displaying a drinking by the Defendant, the Defendant’s left side can sufficiently be seen as the victim’s face on the left side of the Defendant. Therefore, even if the charge of the instant injury was found guilty, the lower court erred by misapprehending the fact that the Defendant was guilty, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s judgment that acquitted the Defendant of the facts charged of the instant injury, which affected the conclusion of the judgment, is unreasonable.

2. Determination

A. Examining the circumstances cited by the lower court in light of the prosecutor’s assertion of mistake of facts, the lower court’s judgment that acquitted the injured part of the instant facts charged is justifiable, and there is no erroneous determination of facts alleged by the prosecutor.

Therefore, the prosecutor's assertion of mistake is not accepted.

B. In light of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant pleadings, such as the circumstance after the instant crime, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable, and thus, the Prosecutor and the Defendant’s above assertion are without merit.

3. All appeals filed by the prosecutor and the defendant are without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.