Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

A. Although there is a fact that the defendant had a telephone carried with the victim, the above mobile phone did not fit the victim's face.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. According to the records of ex officio determination, the Defendant was sentenced to a suspended sentence of four months for the crime of interference with business at the Daejeon District Court on September 12, 2014, and the judgment became final and conclusive on September 22, 2014, and the Defendant committed the instant crime which was found guilty in the lower judgment prior to the final and conclusive judgment.

As above, the crimes for which judgment has become final and the instant crimes are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment should be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal

Therefore, the judgment of the court below which did not consider it is impossible to maintain it as it is.

However, even if there are reasons to reverse ex officio, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and this is examined below.

3. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the following facts or circumstances may be acknowledged.

① H reported 112 reports immediately after the Defendant was driving a mobile phone toward the victim. At the time, the situation was that the victim was a person who flicked with the Defendant and the Defendant was driving a mobile phone toward the victim. As such, if the Defendant’s cell phone did not fit the victim, H is difficult to explain the reasons why H reported 112 reports.

② The Defendant: (a) laid a cell phone near the victim’s face; and (b) took the cell phone away from the middle of the victim and himself/herself; and (c) taken the cell phone away from the location of the Defendant’s cell phone, the Defendant was the victim’s cell phone.