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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The defendant has not threatened the victim or impaired the honor of the victim by making the words as stated in the facts constituting a crime in the judgment of the court below.
B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the prosecutor applied for changes in the indictment to "victim F" each of the facts charged in the instant case at the time of the trial. Since the subject of the judgment was changed by this court's permission, the judgment of the court below is no longer maintained.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for reversal of facts.
B. Examining the evidence duly adopted and examined by the court below in light of the records as to the Defendant’s assertion of mistake of facts, the Defendant’s assertion is without merit, since it can sufficiently be recognized that the Defendant threatened the victim as stated in the facts constituting the crime in the judgment below and defames the victim by openly pointing out false facts.
On the other hand, according to each of the above evidence, the defendant's crime No. 2-A of the judgment below.
At the time of making the statements such as the statement in the port, a female employee seems not to have been in the position.
However, the defendant is guilty of the crime No. 2-A as stated in the judgment below as the grounds for appeal.
The defendant, the victim, and the head of the management office who was at the time did not have a relationship of friendship or a special relationship. At the time, the victim at the same time was sent to the new representative candidate, and the victim at the same time was a new representative candidate.