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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In order to receive a prize, the Defendant issued a bicycle racing for a mistake of facts, but the Defendant did not enter the bicycle track, and did not interfere with the duties of the bicycle track for about five minutes with the security personnel, and the lower court convicted the Defendant by misunderstanding of the fact.
B. The sentence imposed by the lower court on the Defendant (a fine of KRW 700,000) is too unreasonable.
2. Determination
A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, that is, the defendant entered the bicycle race under the influence of alcohol, and the security personnel of the defective bicycle race track enter the bicycle race under the influence of alcohol, and as a result, the defendant informed the defendant that he was unable to enter the bicycle race immediately due to the influence of alcohol, and the security personnel notified the defendant that he would not enter the bicycle race. Nevertheless, the defendant would enter the bicycle race to receive the prize on behalf of the defendant, but the security personnel proposed that he would receive the prize on behalf of the defendant, but the defendant refused to do so, but the defendant expressed that he would be able to keep the body of the security personnel and take a bath to the security personnel for more than 10 minutes, the defendant's other customers of the bicycle race by avoiding such disturbance, and the security personnel did not take other duties, etc., the defendant's assertion of mistake of facts is sufficiently accepted.
B. In full view of various circumstances, including the Defendant’s age, character and conduct, the motive, means and consequence of the instant crime, etc., even though the Defendant had been punished several times due to the crime related to violence, the sentence of the lower court is excessively unreasonable, taking into account the following circumstances: (a) the Defendant’s punishment was sought; and (b) the Defendant’s age, character and conduct, the motive, means and consequence of the instant crime;