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All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of 150,000 won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. In the absence of factual misunderstanding or misapprehension of legal principles, the Defendant, who asserted that there was no fact that the Defendant read or took part in the missionary work by solely reading the content of his or her sexual climatics through the exclusively fostering of musical instruments or loudspeakers within the subway stations or subway trains, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.
B. The punishment (No. 1: fine of 150,000 won, fine of 150,000 won: fine of 150,000 won: fine of 30,000 won: fine of 10,000 won) that the court below made against the defendant is unreasonable.
2. Determination
A. Prior to the judgment on the grounds for ex officio appeal, this Court held ex officio the appeal cases involving Nos. 1, 2, and 3 of the judgment below and each appeal case of the judgment of the court below in question. Each of the offenses of the judgment of the court below Nos. 1, 2, and 3 are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained.
However, there are such reasons for ex officio reversal.
Even if the defendant's assertion of mistake or misunderstanding of legal principles is still subject to the judgment of this court, it will be examined.
B. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the freedom of religion guaranteed by Article 20(1) of the Constitution includes the freedom of mission to promote the religion of one’s own belief and to identify new believers, and to spread the doctrine to another person for the purpose of promoting one’s own religion in public places, etc. itself constitutes a matter of course the freedom of mission. Article 2 of the Punishment of Minor Offenses Act provides that the two must pay close attention so as not to unreasonably infringe on the rights of the people in the application of the Punishment of Minor Offenses Act.
Therefore, criminal punishment is imposed because the missionary act constitutes a requirement for adjacent disturbance in the Punishment of Minor Offenses.