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The judgment below
The guilty part against the defendant shall be reversed.
A defendant shall be punished by a fine of 500,000 won.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not have the same statement as that stated in the facts charged in the instant case.
B. The lower court’s sentence (an amount of KRW 500,000,000) against an unfair defendant in sentencing is too unreasonable.
2. Determination
A. Before determining the grounds for appeal by the Defendant’s ex officio, prior to the determination of the grounds for appeal by the Prosecutor, the Prosecutor considered the method of committing the crime under Paragraph 3 of the List of Crimes among the facts charged in the instant case as follows: “Man's name Man's name Man's Man's Man's Man's Man's Man's Man'; and “this Man'
자슥아. 병신 같은 게, 똘 아이 새끼야”, “ 미친놈의 새끼야”, “ 저 거 씨 발 놈을 어째 뿔꼬
It is necessary to create a low-sicker, “low-sicker sicker,” and “as a horse, it is necessary not to have the president serve as the president.”
The judgment of the court below was no longer maintained since it applied for permission to change the contents of the case to the Cral Jin's Jin', and the case was changed by this court's permission.
However, the argument that the defendant's mistake of the changed facts charged is still subject to the judgment of this court, and this will be examined below.
B. 1) Determination on the assertion of mistake of facts in the instant facts charged is deemed to have been made by the Defendant as described in each of the subparagraphs 1, 3, 5, and 7 of the crime sight table among the instant facts charged.
(1) In the case of paragraph (1), according to the witness G and K testimony of the court below, the defendant's testimony at the representative meeting of occupants at the date and time stated in the facts charged, the statement of the same contents as the facts charged is acknowledged.
(2) In the case of paragraphs 3 and 5, according to the voice files contained in the CD submitted by the complainant, the defendant may be acknowledged as having made the statement identical to the facts charged at the office of the representative meeting of occupants and the center for senior citizens on each date specified in the facts charged.
③ In the case of paragraph (7), according to the testimony of H of the lower court.