The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The Defendant (hereinafter “Defendant”)’s punishment of the lower court (a fine of KRW 3 million) is too unreasonable.

B. The Defendant asserted the misapprehension of legal principles as to the violation of the Punishment of Minor Offenses Act, i.e., the place where the Defendant spits down (legal scenarios, unreasonable sentencing) is below the official stairs of multi-family housing where the Defendant resides in, and the place where multi-family housing is jointly realized. Thus, this constitutes “other places where many people gather or frequent” under Article 3(1)12 of the Punishment of Minor Offenses Act. However, the lower court found the Defendant not guilty of this part of the facts charged, on the contrary, on the contrary, on the contrary, on the ground that the lower court erred in the misapprehension of legal principles as to the obstruction of performance of official duties. 2) Although the Defendant requested the presentation of identification card by the police officer due to the same case as stated in the above Paragraph 1, the Defendant refused to comply, and presented identification card after the police officer went into public corridor. Accordingly, the lower court found the Defendant guilty of the part concerning the duties of the Defendant as a flagrant offender, and thus, found the Defendant not guilty of this part of the lower judgment.

2. Judgment on the misapprehension of the legal principle of prosecutor

A. On October 7, 2018, at around 08:50 on October 7, 2018, the Defendant 1 of this part of the facts charged (hereinafter referred to as “the Defendant”) spits or spits down on the floor in front of the entrance of multi-family housing located in Guri-si. 2) The lower court’s judgment.