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The judgment of the court below is reversed.
Acquittal of the accused shall be acquitted.
Reasons
1. The summary of the grounds for appeal ① In light of the legal principles, the Defendant was sentenced to a fine of three million won at the Seoul Southern District Court in around 2012, and the above judgment became final and conclusive as it is. Since the criminal facts of the above judgment are the same as the facts charged in the instant case, the judgment finalized as above also affect the facts charged in the instant case. However, the lower court found the Defendant guilty. In so doing, the lower court erred by misapprehending
② Even though the Defendant committed the instant crime under the influence of alcohol due to mental and physical disorder, the lower court erred by misapprehending the legal doctrine.
(3) The punishment of the lower court that is unfair in sentencing (50,000 won) is too unreasonable.
2. Determination
A. The facts charged in the instant case are as follows: “The Defendant, around May 23, 201, 14:24, 201, spite in the C District located in Gangseo-gu Seoul Metropolitan Government.”
“.....”
B. We examine the judgment, and the defendant was sentenced to a fine of KRW 3 million on June 7, 201, Seoul Southern District Court 201 and 4028 breadth, etc. on June 7, 2012, and around that time, the fact that the above judgment became final and conclusive is significant in this court.
The facts constituting the offense of insult in the above case are as follows: at the front of the entrance of the Gangseo-gu Seoul Metropolitan Government Yero 105-528, the defendant, at around 12:06 on May 23, 201, died until he/she died of the victim E, who is the C District Inspector in the Gangseo-gu police station, who was dispatched after being reported 112 on the assault case, among D and passing persons.
p.m. shall find up until the end of the internal price and send the creator.
봐. 내가 어떤 놈인가 씹할 놈 아. 너는 좆 댔어,
Nyna and Myna shall also die.
짭새 새끼. ”라고 욕설하고, 계속하여 위 지구대 경장인 피해자 F에게 “ 야 씹할 년 아, 개 보지 같은 년, 씹이나 할 줄 아냐, 영등포 창녀 같은 년, 씹할 년 죽여 버려야 된다.
spits or spits, while taking a bath theory.