The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

가. 사실오인 피고인은 2018. 2. 17. 23:10경 정상적으로 횡단보도를 건너던 중 갑자기 벤츠 승용차가 피고인의 앞에서 급정거함으로써 이에 화가 나 위 승용차를 걷어찼고, 2018. 2. 18. 01:50경 편의점 밖을 지나가는 행인들에게 큰소리로 말을 하였을 뿐 편의점 안에서 소리를 지르거나 욕을 하지는 않았는바, 이와 달리 피고인이 ‘별다른 이유 없이’ 위 승용차를 걷어찼다거나 편의점 ‘안에서’ 소란을 피워 이 사건 각 범행을 저질렀다면서 이 사건 공소사실을 모두 유죄로 판단한 원심판결에는 사실을 오인하여 판결의 결과에 영향을 미친 위법이 있다.

B. The Defendant, as a patient with a mental disability, was in a state of mental disability at the time of committing the instant crime.

C. The sentence (one million won of fine) imposed by the court below on the grounds of unreasonable sentencing is too unreasonable.

2. We examine ex officio the records of this case and significant facts in this court. According to the records of this case and this court, the defendant may be recognized as having been sentenced to one year of imprisonment with prison labor at the Cheongju District Court on April 19, 2018, and the above judgment became final and conclusive on September 21, 2018. The crime of each of the judgment below and the crime of interference with business, etc. for which judgment became final and conclusive on September 21, 2018 are concurrent crimes under the latter part of Article 37 of the Criminal Act, and a punishment shall be determined in consideration of equity with which judgment is to be rendered at the same time

On the other hand, despite the above reasons for ex officio destruction, the defendant's misunderstanding of facts and the argument of mental disability still are subject to the judgment of this court.

3. Judgment on the mistake of the defendant and the argument of mental disability

A. We examine the argument of mistake of facts, the evidence submitted by the prosecutor, in particular the police interrogation protocol of the defendant (Evidence No. 17-18) and the police statement of the victims.