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The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The defendant does not pay the above fine.
Reasons
1. Summary of grounds for appeal;
A. In fact-misunderstanding and misapprehension of legal principles, the Defendant alleged that there were misunderstanding and misapprehension of legal principles that D members and D members run approximately approximately 200 meters from the building of the Korean Press Center to Seoul Square, in a fake for the instant screen, around November 14, 2015, and that D chairperson E was in the instant screen.
In that sense, the Seoul Square is a place open to the public, and the defendant moved E with D members to Seoul Square.
(E) concealed E;
shall not be deemed to exist.
In addition, the police at the time of the instant case did not have any possibility of arresting E due to the completion of the arrest of E, and thus, the Defendant’s above act was difficult to arrest E.
In other words, E has been made to escape;
shall not be deemed to exist.
In addition, since the defendant was unaware of whether E exists in the screen of this case at the time of this case, the defendant is not allowed to commit the crime intentionally or with D members.
B. The sentence of the lower court (two years of suspended sentence for six months of imprisonment) is too unreasonable.
2. Determination
A. Judgment on the misunderstanding of facts and misapprehension of legal principles 1) Defendant concealed E
As to the assertion that the facts charged cannot be seen, since the defendant did not conceal E but allowed the escape of E, this part of the defendant's assertion is rejected.
2) The defendant allowed the escape of E
In light of the following circumstances acknowledged by the evidence duly adopted and examined in the court below, namely, E was issued with warrant of arrest at the time of the instant case, the police attempted to arrest E at the Korean Press Center building around November 14, 2015, but D members did not arrest the wind to exercise and interfere with physical evidence, and the police waiting outside the Korean Press Center building to re-examine the arrest of E thereafter.