All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the victim, as stated in the facts charged in the instant case, did not have any duty of care for the management of the bathing facilities of this case, and the court below found the Defendant guilty of the charge of this case by misunderstanding the facts and thereby adversely affecting the conclusion of the judgment, on the ground that the victim, as the victim did not have any duty of care for the management of the bathing facilities of this case, was found to have been violated. The judgment of the court below which found the Defendant guilty of the charge of this case by misunderstanding the facts.

2) The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination:

A. As to the Defendant’s assertion of mistake of facts, the lower court determined based on the following circumstances acknowledged by the evidence duly adopted and examined: (i) based on the evidence of 13 pages photographs, i.e., 16 cm high, 6 cm high, 6 cm high, 4 cm high, 4 cm high under the structure of this case in the horizontal angle shape of the instant bath, and the widthless length, etc., (ii) the victim was faced with the upper part of the instant structure, such as the force line and breath of the wind, the 5 weeks high, and the breath damage, and the breath damage. (iii) At that time, the victim took the right part of the structure of this case by making it difficult for the victim to take the right part of the structure of this case at the time when the right part of the structure of this case was exposed to the wind, and the victim was under the influence of the breath, and the victim was under the influence of the breath.