Text
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of 1.5 million won.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court of first instance that found the Defendant guilty of the crime of assault on the ground that the Defendant did not have committed the crime of assault.
B. The lower court’s judgment 1) Although the Defendant’s obstruction of business brought about an access card, it does not appear to interfere with the work to work on the following day. 2) The Defendant violated the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and the content thereof did not contain any fact of sending any message as stated in the lower court’s judgment, and did not cause fear or apprehension. Therefore, the lower court
2. Determination
A. Prior to the judgment on the grounds for appeal ex officio, the first and the second judgment are in a concurrent relationship under the former part of Article 37 of the Criminal Act with regard to each of the crimes under the former part of Article 37 of the Criminal Act. Since the court of the first and the second judgment together reviewed each of the cases of the judgment below and selected the same type of punishment for each of the crimes, it is necessary to render a single sentence pursuant to Article 38(1) of the Criminal Act with regard to each of the above crimes. In this regard, the first and the second judgment
However, despite the above reasons for ex officio destruction, the above arguments of the defendant are subject to the judgment of this court.
B. Regarding the judgment of the court of first instance on the assertion of mistake of facts against the judgment of the court of first instance, according to the evidence duly admitted and examined by the court of first instance, the victim consistently stated that the victim committed an assault against the victim by hand from the investigative agency to the court of first instance, and the F at the time of committing the crime also stated that the victim was present at the court of first instance to the court of first instance and that the victim was assaulted by the victim as stated in the judgment of the court below.