All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

가. 피고인 1) 사실 오인 D이 10년 전에 사촌 동생이 사망하고 친동생이 다친 일을 피고인이 행인과 벌인 싸움 때문이라고 생각하고 있어서 피고인에게 좋지 않은 감정을 가지고 있는 점, D이 보이스 피 싱 범행의 지시를 받는 위 챗 대화방에 피고인도 함께 있었다고

In light of the fact that the defendant's conversation is not memoryed while making a statement, the court below found the defendant guilty of the charges by taking account of the above statements and the remaining evidences, and thus, the judgment of the court below is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (three years and six months of imprisonment) to the Defendant is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted to the same effect, and found the Defendant guilty of the facts charged of this case on the grounds as indicated in its reasoning. In light of the evidence duly adopted and examined by the lower court and the reasoning of the lower court, the lower court’s aforementioned determination is justified and acceptable, and there is an error of law that affected the conclusion of the

It does not seem that it does not appear.

Therefore, this part of the defendant's argument is without merit.

B. In light of the circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, the lower court’s punishment is too heavy or unreasonable, given that there is no change of circumstances that may be considered in the sentencing after the lower judgment, and the conditions of sentencing as indicated in the records and arguments in this case are considered.

3. Thus, the appeal by the defendant and the prosecutor is without merit.