All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. As to the judgment of the first instance court of misunderstanding of facts and misunderstanding of legal principles, since the victim and the wife of the victim brought arbitrarily a strike cultivated by the defendant, it is not false that the victim said the victim as dynasium.

On the second judgment, considering the operation status of the victim restaurant at the time of the instant case, it cannot be deemed that the Defendant’s act interfered with the victim’s business concerning the operation of the restaurant.

B. Each sentence of unfair sentencing (the first instance court: the fine of KRW 2 million, and the second instance court: the fine of KRW 1 million) of the lower court is too unreasonable.

2. The Defendant filed an appeal against the judgment of the court below in entirety, and this court decided to hold a joint hearing of the above appeal cases.

Each of the judgment below against the defendant shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

On the other hand, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of the court.

3. Judgment on the defendant's assertion

A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act to determine the argument related to the judgment of the court of first instance, if there are extenuating circumstances to deem that the judgment of the court of first instance on the credibility of the statement made by the witness of the court of first instance was clearly erroneous or, in full view of the results of the first instance examination and the results of the additional examination of evidence conducted by the time of closing argument in the appellate trial, it is clearly unreasonable to maintain the judgment of the court of first instance on the credibility of the statement made by the witness of the court of first instance,

Supreme Court Decision 2011Do5313 Decided June 14, 2012, etc.