All appeals filed by the defendant and prosecutor are dismissed.

1. Grounds for appeal;

A. Defendant (in fact-finding, unreasonable sentencing) 1) was unable to pay the drinking value in the course of assault, and there was no intention to interfere with business. 2) The sentence of the lower court of unfair sentencing (one year and four months of imprisonment) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. Determination

A. As to the assertion of mistake of facts, the victim’s statement 1) is consistent with the main contents of the statement, in light of the empirical rule, and there is no unreasonable or contradictory part in the statement itself in light of the empirical rule, and as long as the motive or reason to make a false statement is not clearly revealed, the credibility of the statement should not be rejected without any justifiable reason (see, e.g., Supreme Court Decision 2018Do7709, Oct. 25, 2018). The victim C made at the investigative agency, without any justifiable reason, a statement to the effect that it was difficult for the Defendant at the time of the instant case, at the time, that the Defendant had expressed the desire to make the said victim and other customers, and that the Defendant did not pay the drinking value, but the court below stated to the effect that the Defendant did not pay the drinking value.

In light of the empirical rule, there is no provision that is unreasonable or inconsistent in the above statement in light of the empirical rule, and the victim’s motive or reason that is disadvantageous to the defendant is not clearly revealed. Therefore, the credibility of the statement cannot be rejected without any special reason.

The defendant asserts to the effect that four male persons assault the defendant at the place where the above victim was located, and that the above victim made a false statement thereby.

However, according to the testimony of the court below by the victim F, who is a police officer dispatched at that time, the defendant was identified as a person who assaults himself.