The defendant's appeal is dismissed.

1. The lower court dismissed the public prosecution regarding the insult of the facts charged in the instant case, and convicted the remainder of the facts charged only.

However, the defendant appealed only to the guilty portion of the judgment below, and since the dismissal part of the public prosecution is not appealed by both the defendant and the prosecutor, the dismissal part of the above public prosecution among the judgment below becomes separate and conclusive, the scope of the judgment of this court

2. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant: (a) reported to the police when he was sent to the police in the process of purchase and calculation of a tenant at the time of the instant case; and (b) during the process in which the police officer called out and moved to a convenience store for the Defendant.

Although this part of the defendant's argument is not clear, the defendant's reasons for appeal can be seen as a mistake of facts.

B. The sentence of the judgment of the court below on unreasonable sentencing (six months of imprisonment and two years of suspended sentence) is too unreasonable.

3. Determination

A. Facts acknowledged by the evidence duly adopted and examined in the court below as to the assertion of mistake of facts in light of the following: (a) the defendant expressed the victim's desire at the convenience store in this case; (b) continued to talk at the convenience store before the police who received the report; (c) the police officer was on the convenience store where the defendant was suffering from illness; and (d) the above convenience store around that time there were other customers, such as the defendant's daily act, was sufficiently recognized that the defendant interfered with the employees of the victim's convenience store by force, as stated in the facts charged.

Therefore, the defendant's assertion of mistake is without merit.

B. The Criminal Procedure Act, which adopts the trial-oriented principle and the direct principle on the assertion of unfair sentencing, has the inherent area of the first instance court in the determination of sentencing.