모욕등
The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of 1.3 million won.
The above fine shall be imposed on the defendant.
1. On April 24, 2015, the lower court acquitted the Defendant on the charge of violating the Punishment of Minor Offenses Act among the instant charges, and suspended the sentence of the Defendant by recognizing each of the charges committed against the Punishment of Minor Offenses Act on April 14, 2015 and April 16, 2015 (the suspended sentence: KRW 50,000), and the Defendant filed an appeal only against the conviction portion, and the prosecutor did not file an appeal, and thus, separately and finally became final and conclusive.
Therefore, the scope of the judgment of this court is limited to the guilty part of the judgment of the court of first instance (the judgment of the court of first instance recognized the conviction of all the facts charged) and the judgment of the
2. Summary of grounds for appeal;
A. The Defendant committed the instant crime at 2015, 2034, 2034, 2015, 2034, 2015, 2015, 2015, 2015, 2015, 2015, and 203, 2933 (2) of the Punishment of Minor Offenses Act (the violation of the Punishment of Minor Offenses Act) (1) while the Defendant reported the instant crime to the police box, the police officer did not properly cope with the Defendant’s report, thereby committing the same act as the facts charged, and the Defendant’s act does not constitute a crime for justifiable grounds (misunderstanding of facts or misapprehension of legal principles). (2) The instant crime committed under the status of the Defendant’s mental or physical loss or mental weakness [the mental and physical loss or mental weakness].
2015 Highest 2597, 2015 Highest 2598 (Person, April 14, 2015); and
4. The Defendant did not obstruct the passage of others or both annoyed (misunderstanding of facts or of misapprehending of legal principles) in the course of attempting to beg (the violation of the Punishment of Minor Offenses Act)
3. Determination
A. The defendant filed an appeal against the conviction of the judgment of the court of first instance and the judgment of the court of second instance on the conviction of the judgment of the court of second instance, and this court decided to hold concurrent hearings on the above two appeals cases, and each of the offenses of the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act.