The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. misunderstanding of facts1) The Defendant shall hold an assembly at the time and place specified in the facts charged of the instant case (hereinafter referred to as “instant assembly”).

A) At the time of doing so, the reason for the assembly was indicated by presenting a school-related newspaper article to two apartment residents using smartphones. However, in light of the fact that the process did not show the victim’s photograph to the above residents, using J or K, and did not use a stimulative term such as “non-commercial embezzlement” in the explanation process, and there was no mentioning the victim’s name. (ii) The statement of H on the type (J or K) of smartphone display case that the defendant used when showing the victim’s photograph is displayed is inconsistent; (iii) the mother-friendly relationship between H and the victim was a close relationship; (iv) the defendant’s appearance (k162:165cm) as explained by the court of the court below and the defendant’s actual appearance (e.g., the physical size of 154cm) and the defendant’s body (e., the physical size of 154cm) are different, the statement of this case’s credibility does not coincide with the facts charged.

Therefore, the judgment of the court below which convicted the charged facts of this case is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is too unreasonable.

2. Determination

A. Article 308 of the Criminal Procedure Act, which provides for the principle of free evaluation of evidence, provides that the probative value of evidence shall be based on the free judgment of the judge is appropriate for the discovery of substantive truth, and it does not mean that the judge's arbitrary judgment is not accepted. Thus, the fact-finding judge with the exclusive right to the determination of evidence should consider the perception and examined evidence obtained in the trial in fact-finding without any balance.

In addition, the probative value of evidence is left to the discretion of the judge, but the judgment should be consistent with logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial is reasonable doubt.