Text
All judgment of the court below shall be reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts (the part of the judgment of the court below) is erroneous in the misapprehension of facts in the judgment of the court below that found the Defendant guilty of this part of the charges, even though the Defendant had no intention to find the victim for the purpose of threatening his/her father's wife or interfere with his/her duties. The time of occurrence of the case is not a standing signboard of the victim, but a time loan without any customer, and the time of occurrence does not interfere with his/her duties, and this case had already been subject to non-prosecution disposition.
B. The sentence imposed by the lower court on the Defendant (the first instance judgment: the fine of KRW 500,00,000, and the second instance judgment: the fine of KRW 400,000) is too unreasonable.
2. As the first and second judgments of the lower court appealed in the trial, each of the crimes in the first and second judgments against the Defendant became concurrent crimes under the former part of Article 37 of the Criminal Act.
In such cases, Article 38 of the Criminal Code should be ruled simultaneously and sentenced to one punishment, so the judgment of the first and second court can no longer be maintained.
However, even if the judgment of the court below has such reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of the court.
3. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court could recognize that the Defendant obstructed the Defendant’s business of selling training supplies by force. Therefore, contrary to the Defendant’s assertion, the lower court did not err by misapprehending the facts,
Therefore, the defendant's assertion of mistake is without merit.
(1) According to the dynamic image taken by the victim, spits or spits are found in the face of the victim, where the defendant takes a bath against the victim, and spits or spits down the victim's bed.
Even if the defendant spits, the defendant spits.