All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant had fighting with the victim on the date and time stated in each of the facts charged in the instant case, there is no fact that the victim has been pusheded up or the part of the lower part of the victim has inflicted an injury on the victim.

Nevertheless, the judgment of the court below which convicted each of the facts charged of this case is erroneous in misconception of facts.

B. The Prosecutor’s sentence of the lower court (one million won of a fine) is too unhued and unreasonable.

2. Determination

가. 피고인의 항소이유에 관한 판단 (1) 폭행의 점에 관하여 ㈎ 이 부분 공소사실에 부합하는 증거로는 피해자, G, F의 각 진술 및 현장사진(수사기록 27면)이 있다.

㈏ 피해자와 G의 각 진술의 신빙성에 관하여 보건대, 원심 및 당심이 적법하게 채택ㆍ조사한 증거들에 의해 인정되는 다음과 같은 사정들을 종합하여 보면, 위 각 진술은 신빙성 있다.

① The victim and G made a statement that is somewhat inconsistent with the police and the prosecutor’s office as to who assaulted the victim first among the Defendant and IC, and the Defendant made a statement that is not consistent with each other as to which he was the victim by hand.

However, this part of the statement is consistently stated in the part that is not directly related to the facts charged in the instant case, or there is a natural difference due to the decline of memory following the flow of time, and the victim and G consistently stated in the part that “the Defendant got the victim informed.”

Therefore, it is difficult to doubt the credibility of each of the above statements made between the victim and G solely due to the lack of consistency and inconsistency with the above statements.

② Although G has a certain personal relationship with a victim as a person who has worked as an employee in the frequency operated by the victim, G is not clearly suspected of a specific benefit that may be obtained by making a false statement, or the relationship between G and the Defendant.