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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 5,000,000.
Defendant
A does not pay the above fine.
Reasons
1. In light of the process of paying safety features to the athletes of the Seoul Olympic Sports Promotion Foundation (hereinafter “instant Foundation”) and the situation of performing duties related to safety features, Defendant A did not have to choose any choice of the charged facts without choice to secure the safety of athletes. Defendant A conducted a demonstration in which the victim J’s honor was severely damaged, which goes beyond the freedom of expression, the Defendants’ act of interfering with the sending of non-indicted text messages is deemed to have been intentional, and this does not violate the social rules, and Defendant A had an intentional intent to impair the reputation of the said victims. However, the lower court acquitted Defendant A of all the charges of this case. In so doing, the lower court erred by misapprehending the facts and misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by the prosecutor, and the prosecutor raised the first instance of the facts charged.
The crime No. 1-A of the following facts are stated as follows, “after having the racing players participate in the field exercise, the text message is used.”
From 15 to 15, the facts charged are as follows: (a) the corrective player uses it from 1 to 15.
The crime No. 1-B of the following facts are stated as follows: “To send text messages to those who are admitted to the police station for the racing.”
From March 15, 2010 to March 17, 2010, the Defendant filed an application to amend the Bill of Amendment with the effect that “from March 15, 2010 to March 17, 201, i.e., using text messages from a mobile phone.”