Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

A. The first instance court found the Defendant guilty of the facts charged and sentenced the Defendant to a suspended sentence of two years in six months of imprisonment.

B. As to the judgment of the first instance, the Defendant appealed on the grounds of misunderstanding of facts, misunderstanding of legal principles and misunderstanding of sentencing, and the appellate court prior to the return was sentenced to the dismissal of the Defendant’s appeal.

(c)

The Defendant filed an appeal against the judgment of the appellate court prior to remand on the ground of misunderstanding of legal principles and misunderstanding of facts, and the appellate court reversed the judgment of the appellate court prior to remanding on September 24, 2015 on the part concerning “a person who committed a crime under Article 283(1) of the Criminal Act by carrying with a deadly weapon or other dangerous articles” in Article 3(1) of the former Punishment of Violence, etc. Act (amended by Act No. 13718, Jan. 6, 2016) which was applied by the Constitutional Court prior to remanding on the judgment of the appellate court, thereby having rendered a decision of unconstitutionality as to “a person who committed a crime under Article 283(1) of the Criminal Act with a deadly weapon or other dangerous articles,” which retroactively lost its validity pursuant to Article 47(3) of the Constitutional Court Act, and the facts charged by applying a law which retroactively becomes invalid due to the decision of unconstitutionality, and thus, the judgment of the appellate court prior to remanding the judgment.”

2. Summary of grounds for appeal;

A. In fact, at the time when the Defendant misunderstanding the fact, cited a practice golf course in his string line (hereinafter “the instant golf course”) and was placed on the strings of A (hereinafter “the instant vehicle”). At the same time, B was placed on the strings of A’s strings.

The Defendant’s construction of the instant golf set and the putting up the instant vehicle to A was stopped, and B was able to get off the said vehicle on the Bows.

B. The Defendant’s act by misapprehending the legal principles is to prevent the dangerous situation that B was on the front of the instant vehicle beams.