All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. On September 14, 2016, Defendant 1: (a) did not err by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment, even though the Defendant did not have committed the victim E at around 03:40 on September 14, 2016 at the Seo-gu Seoul building and D amusement center on the second floor (hereinafter “instant entertainment center”); (b) thereby, the lower court found Defendant guilty of the instant facts charged.

2) The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended execution, and two hours of community service order) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, such as the judgment E and F’s statement on the Defendant’s assertion of misunderstanding of facts, the Defendant, at around 03:40 on September 14, 2016, on the ground that the Defendant’s attitude of the victim E, an employee, at the entertainment shop of this case, does not appear in mind, can be sufficiently recognized that the Defendant inflicted an injury on the victim by driving the victim’s head, her hand, and the Defendant’s arms, legs, etc., on the back of several occasions. Thus, this part of the Defendant’s assertion is without merit.

B. We examine the determination of the two parties’ unfair argument of sentencing, and the fact that there are several records of punishment for the same kind of crime against the defendant, etc., which are disadvantageous to the defendant, and the fact that the defendant and the victim agreed is favorable to the defendant.

In addition, there is no particular change in the sentencing conditions compared to the original judgment, and considering all the sentencing conditions specified in the records and arguments of this case, the lower court’s punishment is too heavy or is deemed unreasonable because it is too heavy. Therefore, this part of the allegation by the Defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.