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1. The judgment of the court below is reversed.
2. The defendant shall be punished by a fine of two million won.
3. The defendant does not pay a fine;
Reasons
1. Summary of grounds for appeal;
A. There is no fact that the Defendant, as stated in the judgment of the court below, told the victims to be “influence”.
B. Error of facts and misapprehension of legal principles do not satisfy the requirements of public performance, which is the constituent element of the offense of insult.
And the defendant's act is illegal as it constitutes self-defense or legitimate act.
C. The sentence of the lower court on unreasonable sentencing is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below, in particular, G, I, and H's investigative agencies to recognize credibility, and the statement at the court of the court below, it can be sufficiently recognized that the defendant made the victims the statement "as stated in the court below's decision."
Therefore, Defendant’s assertion is without merit.
B. The lower court rejected the Defendant’s assertion on the same argument as the Defendant’s grounds for appeal by mistake and misapprehension of the legal doctrine.
Examining the records in comparison with the evidence duly adopted and examined by the court below, such judgment of the court below is just, and it can be sufficiently recognized that the defendant's act satisfies the requirements of performance and does not constitute self-defense or legitimate act.
Therefore, Defendant’s assertion is without merit.
C. We examine ex officio determination.
Pursuant to Article 311 of the Criminal Act, the crime of this case constitutes “a imprisonment or imprisonment without prison labor for not more than one year or a fine not exceeding two million won.”
Therefore, despite the fact that the upper limit of the penalty is 2 million won, the court below sentenced a fine of three million won exceeding the upper limit of the penalty, so the judgment of the court below cannot be maintained any more.
3. Accordingly, 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, on the ground that the above judgment of the court below is a ground for reversal of authority.