The judgment below

The guilty portion against the defendant shall be reversed.

Defendant shall be sentenced to six months of imprisonment and fine of two hundred thousand won.

1. The court below acquitted the victim B of assault among the facts charged in the instant case, and convicted the remainder of the facts charged.

However, since the defendant and the prosecutor appealed only to the guilty portion, the above acquittal portion of the judgment of the court below was separated and determined, and excluded from the scope of the judgment of the court.

2. Summary of reasons for appeal;

A. Defendant 1) On February 12, 2015, Article 3(1)9 of the Punishment of Minor Offenses Act, which punishs an act of spreading advertisements, etc. without permission on violation of the Punishment of Minor Offenses Act, violates the principle of clarity and the legitimacy of its purpose and the balance of legal interests, and thus violates the principle of excessive prohibition. Thus, Defendant 1’s act does not constitute an act of spreading advertisements, etc. without permission, and the judgment of the court below convicting the Defendant of this part of the facts charged is erroneous by misapprehending the legal principles and misapprehending the legal principles.

2) The judgment of the court below convicting the Defendant of this part of the facts charged despite the fact that the Defendant’s act of printing the number plate of two-wheeled automobile was merely to maximize visual effects as a political propagation, and did not have an intent to obstruct or avoid the crackdown, etc., and there was an error of law by misunderstanding the facts and misapprehension of legal principles.

3) The judgment of the court below convicting the Defendant of this part of the facts charged despite the fact that there is no specific statement of fact in the leaflet spreaded by the Defendant, and there is no false fact, and even if there is a false fact, the Defendant did not recognize it, and the Defendant did not merely harm the reputation of the victims, and the Defendant merely cited a third party’s expressive material.

4) On April 3, 2015, an act of spreading advertisements, etc. against the Punishment of Minor Offenses Act shall be punished.