All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. As to the instant case involving Defendant 1’s misunderstanding of the facts, the Defendant did not interfere with his/her duties by either intimidation or returning to the said main points while showing a shoulderer’s disease at V’s entertainment main points.

2017 고단 4760 사건에 관하여, 피고인이 등산용품 등을 가져간 사실은 있으나, 돈을 주고 샀을 뿐 절취한 것이 아니다.

However, the judgment of the court below that found all of the charges guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) At the time of each of the instant crimes, the Defendant was physically and mentally weak to have the ability to discern things or make decisions due to depression, public depression, and atrophism.

3) The sentence sentenced by the lower court to the Defendant (one year and ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of the facts, Articles 284 and 283(1) of the Criminal Act provide that a person who, carrying a dangerous object and intimidation shall be punished as a special intimidation. Here, “in carrying a dangerous object” refers to a case where the person carries a dangerous object or carries the body under the intention to use it at the scene of the crime. Whether there was an intention to use the dangerous object here should be determined by reasonably taking into account all the circumstances such as the motive of the Defendant, the process and method of carrying the dangerous object, personal relationship with the Defendant and the victim, and circumstances before and after the crime (see Supreme Court Decision 2002Do1341, Jun. 14, 2002; 2002Do1341, Jun. 14, 2002).