공무상표시무효
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal that the court below imposed on the defendant (a fine of 1.5 million won) is undue due to excessive fault
(The defendant explicitly withdraws his assertion of misunderstanding of facts on the second trial date). 2. Determination of the case, and the crime of this case committed by the defendant is not less than that of the crime in light of the contents and methods of the crime, etc., and the circumstances unfavorable to the defendant are recognized.
However, in full view of the following circumstances: (a) the Defendant made a statement that he/she made a confession of the facts constituting the crime of this case in the court of first instance and made a statement that he/she would not repeat again; (b) there are some grounds for taking into account the motive and circumstances of the crime; (c) there is no criminal history; (d) the degree of participation does not relatively heavy compared to E, which is an accomplice; and (e) the Defendant’s age, character and conduct, intelligence and environment as shown in the argument of this case; (b) the motive and background, means and consequence, means and consequence of the crime of this case; (c) the circumstances after the crime; (d) relationship with the victim; (e) criminal record; (e) family relationship; and (e) health status; and (e) it is unreasonable to maintain the sentence imposed by
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence, which are acknowledged by the court, are "a summary of the evidence" as stated in the reasoning of the judgment below, "1. The defendant's protocol of interrogation of each police officer against the defendant," and the summary of the evidence
1. Article 369 of the Criminal Procedure Act provides that “The suspect interrogation protocol of the police as to E shall be deleted, and except for the addition of “the statement made by the defendant on the second trial date of the trial at the court below,” the corresponding column of the judgment below is the same.