The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. Determination

A. The appellate court for ex officio determination shall be subject to adjudication only when it is stated in the petition of appeal or is included in the statement of reasons for appeal submitted within the prescribed period, but it is not exceptionally included in the statement of reasons for appeal only for reasons affecting the judgment.

Even if it is possible to judge ex officio, while the defendant or defense counsel has not been included in the statement of grounds for appeal, it is stated in the appellate court.

Even if such circumstance alone does not constitute grounds for appeal as alleged in the statement.

(2) According to the records, the Defendant did not separately state the grounds for appeal in the petition of appeal, and the defense counsel also asserted only unfair sentencing through the statement of grounds for appeal, and the Defendant asserted a mistake of facts on the second trial of the court following the deadline for submitting the statement of grounds for appeal, which is the second trial of the court following the deadline for submitting the statement of grounds for appeal.

Therefore, it is reasonable to view that the grounds for appeal asserted within the legitimate period for submission of the grounds for appeal in this case are unreasonable.

However, it was not exceptionally included in the grounds for appeal only for reasons of ex officio or affecting the judgment.

Even though it can be judged ex officio, we will examine the defendant's above mistake of facts ex officio below.

The following circumstances are acknowledged according to the evidence duly admitted and investigated by the court below:

(1) On April 12, 2012, the Defendant reported 112 on the ground that C parks a vehicle in front of his/her restaurant and interfere with his/her business, and the police officer F dispatched upon receipt of the said report shall be the Defendant, who called “F” with the thickness.