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All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall be imposed on the defendant.
Reasons
1. On the summary of the grounds of appeal No. 2, the judgment of the court below that found the defendant guilty of the facts charged in this case on the ground that the defendant was only damaged by the victim, and there was no injury or insult to the victim.
2. The case of the judgment of the court below Nos. 1 and 2 was merged with the case of the court below for the first time, and each of the crimes committed by the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and the party members determined that it is reasonable to sentence one punishment for each of the crimes above in accordance with Article 38(1)2 of the Criminal Act. Thus, the judgment of the court below is no longer maintained at this point.
3. The defendant's assertion of misunderstanding of facts is still subject to the judgment of the court of this Court despite the existence of a ground for reversal of facts ex officio in the judgment of the court of second instance as to the assertion of misunderstanding of facts, so there is no evidence to acknowledge that the defendant has led to the confession of all this part of the facts charged in the court of original instance, and there is no other objective reason to suspect the voluntariness of the confession in the appellate court
4. According to the conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 257(1), 311, and 366 of the Criminal Act and the choice of fines for criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;