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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. Summary of grounds for appeal;
A. The court below found the defendant guilty on the ground that the F, who had been a customer at the time of the instant case of mistake of facts, was drunk and sing by using microphones that did not turn on the rest of interest while drunk, and the defendant did not allow customers to sing, but the court below erred by misunderstanding the facts, thereby affecting the conclusion of the judgment.
B. Even if the defendant's conviction of unreasonable sentencing is acknowledged, in light of the circumstance and present situation of the defendant's occurrence of the crime of this case, the sentence of the court below against the defendant (one million won of fine) is too unreasonable.
2. Determination:
A. The following circumstances acknowledged by evidence duly adopted and examined by the court below and the court below as to the assertion of mistake of facts: ① G and the husband (F) of the police and the other party were singing together with each other; G had singing like ordinary singing, and singing on a microsing machine in the machine; H have consistently made a statement to the effect that singing on a pop-up and a dispute occurred; ② E also made a statement in the instant car page to the effect that the foreigner and pop-up sent and sing on a pleasant and pleasant basis, and, at the time of this case’s testimony, the police and the other party came to sing together with the other party; ② all of the above G statements were made by the police and the other party, and, at the time of this case’s first oral statement, they followed the statement from the police police and the other party at the time of this case’s initial statement.