The judgment of the court below is reversed.

Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the changed facts charged by the Defendant withdrawn all the grounds for appeal other than unfair sentencing.

The sentence of the lower court (one million won in penalty) is too unreasonable.

2. In the trial of the competent court, the prosecutor applied for changes to the indictment of this case as stated in the facts charged as stated in the judgment below, and since this court permitted this and changed the subject of the judgment, the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Grounds for the new judgment] The Defendant, around 07:15 on April 13, 2017, insulting 1619, the crime history room, “2017 high-level 1619,” saying, around the 07:15th day, the Defendant publicly insulting the victim E with the large sound called “this son, this son, this son, and this son, this son, and this son,” while the victim’s e-mail or e-child e-child e-child e-child e-child e-child e-child e-child e-child e-child shot the victim.”

『2017 고 정 2036』 피고인은 2017. 4. 12. 09:17 경 서울 노원구 C 건물 옆 인도에서 과일 노점 상인이 듣고 있는 가운데 피해자 F에게 “ 콱, 아주 못된 새끼들, 야 새끼야, 입 다물어, 나쁜 새끼, 이 새끼가 입이 살아 가지고 개새끼가 계속 지랄하고 있어, 야 새끼야, 사기치는 짓 그만 해 새끼야, 병신새끼 아가리 닥쳐, 이 새끼야. ”라고 큰 소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

Since the contents to be entered in this part are the same as the corresponding column of the judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;