Defendant

All appeals filed by P and Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant P is not a violence organization member, Defendant P is not a victim P, and there is no fact that the victim had entered the main points first at the time of committing the instant crime, and there is no fact that the victim avoided tobacco on the side of the victim, and the fessing down the above age.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

(2) The sentence of a fine of KRW 4 million sentenced by the lower court is too unreasonable.

B. The Prosecutor’s each sentence (DefendantO: 10 months of imprisonment and 3 years of suspended execution, Defendant P: fine of 4 million won) that the lower court sentenced the Defendants is too uneased and unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the victim (the victim No. 14 of the evidence record) and A (Evidence No. 163 of the evidence record) made a statement from the police that the victim was a violence organization distribution, ② the investigation report (a photograph attachment after the closure of theCCTV video recording) and other evidences of the court below, Defendant P appears to have been wearing a half-string and blue-down system counter at the time of the instant case (see, e.g., evidence No. 39,70 of the evidence record). Defendant P was driven by Defendant P at the time of the instant vehicle driving seat (see, e.g., evidence No. 319 of the evidence record and the reasons for appeal by Defendant P). Prior to the first day, the court below found the victim guilty of the facts charged by misapprehending the facts of the instant case, and found the victim guilty.