The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In relation to the mistake of facts and misapprehension of legal principles, the Defendant did not intend to cause the victim C to deliver a mobile phone contract to the victim C with a little sound, and there was no intention to interfere with the business. The Defendant’s act constitutes a justifiable act that does not go against social norms. 2) In relation to the fact of injury, the Defendant did not have any fact at the time of the victim G.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In determining the credibility of a statement after the first instance court proceeded with the witness examination procedure in the criminal trial procedure of a mistake of facts and misapprehension of legal principles, the first instance court’s determination of the credibility of the statement should be made by taking into account all the circumstances that are difficult to record in the witness examination protocol, such as the appearance, attitude, penology, and penology of a witness who is going to make a statement in an open court after being sworn before a judge, as well as whether the content of the statement itself conforms to the rationality, logic, and empirical rule, or whether it conforms to evidence or a third party’s statement.

On the other hand, the appellate court's determination of credibility of the statement made by the witness of the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol in principle, so it has an essential limitation that the appearance and attitude of the witness at the time of the statement that can be considered one of the most important elements in determining credibility of the statement can not be reflected in the evaluation of credibility.

Considering the difference between the first instance court and the appellate court’s method of evaluating the credibility of the witness’s statement in accordance with the spirit of the principle of direct examination adopted by the Korean Criminal Procedure Act, the witness statement made by the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court.