beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal was found guilty on the ground that the lower court erred by misapprehending the facts and convicted the Defendant, even though the Defendant did not take the same bath as the stated in the facts charged between October 26, 2012 and October 26, 2012.
2. Determination
A. The judgment of the court below ex officio held that each of the offenses of insult committed by the defendant against the victims was concurrent crimes under the former part of Article 37 of the Criminal Act, but the defendant was sentenced to a punishment without aggravated aggravated punishment. This constitutes a case where the application of the statute was erroneously affected by the judgment, and thus the judgment of the court below is no longer maintained in this regard.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio destruction, and this is examined below.
B. According to the evidence duly admitted and investigated by the court below and the court below as to the defendant's argument, it is sufficiently recognized that the defendant insultingd the victims by taking the same bath as the above facts charged on the date stated in the facts charged in this case (the defendant stated on the day of this case that the defendant did not take any such bath, but it does not appear that both the defendant and the victims exchange the above date and time, and the victim did not have any such desire). Thus, the court below's judgment was just and it is not erroneous in the misapprehension of facts, which affected the conclusion of the judgment, as alleged by the defendant.
3. Accordingly, the defendant's assertion of mistake of facts against the judgment of the court below is without merit, but on the other hand, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is delivered through pleading as follows.
Re-use.