All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. (i) Defendant 1 was guilty of mistake of facts that the victim gave a decoration to the victim C, or that the victim gave a photograph to the defendant, but there was no assault on the part of the victim or damage to the victim D mobile phone.

【The first instance sentencing of the Defendant of unreasonable sentencing (three million won of fine) is too unreasonable.

B. The first instance sentencing of the Defendant against the prosecutor (unfair form of punishment) is too uneasible and unfair.

2. Determination

A. In full view of the evidence duly adopted and examined by the first instance court as to the Defendant’s assertion of mistake of facts, as stated in the judgment of the first instance court, the Defendant committed each assault, such as when the Defendant took the part of the victim C, his father, satisfe the part of his son, satfe the part of the victim D, and satfe the bat of the victim D, his father, and satfe the part of the victim D’s cell phone, and satfe the bottom by damaging the victim D’s cell phone with the Defendant’s hand, thereby undermining the floor, the Defendant’s assertion of mistake of facts is rejected.

B. We examine both the Defendant and prosecutor’s assertion of unfair sentencing on the grounds of unfair sentencing.

Although the defendant was admitted as a criminal act of the same kind and the record of suspension of indictment or suspension of indictment has been three times, the crime of this case has been committed repeatedly, and it is not good that the nature of the crime is committed against a young victim who is merely an elementary school student, and it is not good that the circumstance after the crime is committed.

However, since the defendant is old and has no family or residence, etc., and there are no economic conditions or living conditions, it cannot be considered in the determination of the defendant's punishment.

In addition, the occurrence of the instant case and the motive of the Defendant’s crime.