All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) As indicated in the facts charged in this case, the Defendant did not have caused the victim to be faced with the sperm and the floor by pushing the victim’s shoulder, and there is an error in the misapprehension of the judgment of the court below that found the Defendant guilty of causing an injury to the victim as it is. 2) The sentence of the court below (4 million won) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the statements, etc. of the witness D and E at the lower court’s court’s court court’s trial.

B. 1) On the basis 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 in the first instance trial, considering the purport and spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance court’s determination on the credibility of a witness in the first instance trial 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 acknowledged that maintaining the first instance court’s determination on the credibility of a witness in the first instance court’s statement is considerably unreasonable in full view of the results of the first instance’s examination and the results of additional evidence examination conducted by the time of closing argument, the appellate court should not reverse the first instance judgment without permission on the ground that the first instance court’s determination on the credibility of a witness in the first instance court’s statement differs from the appellate court’s determination (see, e.g., Supreme Court Decision 2009Do14065, Mar. 25, 2010).