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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (three million won of a fine) by the lower court is deemed to be too unhued and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.
In a case where two or more persons are insulting, several of the offenses of insult shall be established as the number of victims, and where two or more persons are insultd as a single act at the same time, they shall be deemed to be the ordinary concurrent crimes of insult.
However, according to the evidence duly admitted and examined, the defendant recognized the victims who were the police officers dispatched at the time as one act, and recognized the fact of insult at the same time as one act, and this constitutes several crimes, and thus, the defendant cannot be sentenced to a fine of three million won (the statutory penalty for the crime of insult is imprisonment or imprisonment without prison labor for not more than one year or a fine not exceeding two million won). The court below sentenced three million won, without the application of the ordinary concurrent crimes.
Therefore, the judgment of the court below is erroneous in the misunderstanding of legal principles as to the number of crimes and the punishment of punishment, which affected the conclusion of the judgment.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.
【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 311 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is under the influence of the defendant.