All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

가. 피고인 ⑴ 사실오인 ㈎ 피고인은 평소 알고 지내던 피해자 E로부터 3만 원, 8만 원을 빌린 것이지 폭행, 협박을 하여 돈을 받은 것이 아니다.

㈏ 피고인은 피해자 E가 운영하는 식당에서 소란을 피우거나 행패를 부리면서 영업을 방해한 사실이 없고, 무전취식을 한 사실이 없다.

㈐ 피고인은 피해자 D가 운영하는 술집에서 소란을 피우거나 행패를 부리면서 영업을 방해한 사실이 없고, 무전취식을 한 사실이 없다.

B. The punishment sentenced by the court below on the grounds of unfair sentencing (ten months of imprisonment) is too unreasonable.

B. (1) The Defendant, on September 19, 2012 and around the 20th day of the same month, took a bath at the alcohol house operated by the victim D, and obstructed the victim’s business by avoiding disturbance.

The sentence of unfair sentencing sentenced by the court below is too uneasible and unfair.

2. Determination

A. (i) In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed significantly unreasonable to maintain the first instance court’s decision on the credibility of a statement made by a witness of the first instance court in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted by the time of closing argument, the appellate court should not reverse without permission the first instance court’s decision on the grounds that the first instance court’s decision on the credibility of a statement made by a witness of the first instance is different from the appellate court’s judgment.