Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall be imposed on the defendant.

A. Fact-finding of facts (as to the judgment of the court below of second instance) that the defendant stated in the judgment of the court of second instance is true, but it merely refers to the counter-party team members who had conducted the previous game, and it does not refer to the victims.

B. The first sentence (1.2 million won by fine) of the lower court on the grounds of unreasonable sentencing (as to the first sentence of the lower judgment) is too unreasonable.

2. Determination

A. The court rendered a decision to hold a joint hearing of each appeal case against the judgment of the first instance.

Each of the judgments of the first instance against the accused shall be sentenced to a single sentence within the scope of a prison term imposed under Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

In this respect, the judgment of the first instance cannot be maintained as it is.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and the following is examined.

B. In full view of the relationship between the Defendant and the victims recognized by the evidence duly adopted and examined by the second instance court as to the assertion of mistake, the contents of the instant speech and the situation before and after, and the flow of overall dialogue, it can be sufficiently recognized that the Defendant’s remarks as stated in the second instance judgment referred to the victims.

It is difficult to believe that part of the statement of Q Q’s witness, consistent with the Defendant’s argument, is the same.

The defendant's assertion of mistake is without merit.

3. As such, the judgment of the first instance is reversed ex officio without examining the Defendant’s assertion of unfair sentencing, and the judgment of the first instance is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts constituting the crime and the summary of the evidence recognized by this court are facts constituting the crime of the second judgment and the summary of the evidence.