상해등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of 2.5 million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. As to the point of the injury and the injury caused by negligence, the defendant did not have committed either the victim E's input part by hand or assault the victim F.
B. As to the obstruction of worship, the Defendant was engaged in the missionary activity in a tugboat, and did not interfere with a tugboat.
C. As to defamation, sending letters to the members of the community is not for personal interests, but for the public interest to inform the truth, it does not constitute defamation.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the case No. 2013No1971 of this Court, which is the appeal case against the judgment of the court of first instance, and the case No. 2013No2020 of this Court, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. Each of the crimes in the judgment of the court of first and second instances in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act, shall be sentenced to a single sentence within the extent that aggravating concurrent crimes in accordance with Article 38(1) of the Criminal Act, and all of the judgment
In addition, on April 12, 2013, the Defendant was sentenced to imprisonment with prison labor for not more than one year and six months in Busan District Court Decision 2013No625, which became final and conclusive on July 11, 2013. Since the above-mentioned crime and each of the instant crimes committed by the Defendant, which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, the Defendant is in a relationship of concurrent crimes under the latter part of Article 37 of the Criminal Act, and the sentence should be determined after considering equity in cases where the judgment is concurrently rendered under Article 39(1) of the Criminal Act and examining whether to reduce or exempt the sentence.
However, even if the judgment of the court below has such reasons as above, the defendant's assertion of mistake against the judgment of the court is still subject to the judgment of the court.