The judgment below

The guilty part shall be reversed.

Defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

1. As to the violation of the Punishment of Violences, etc. Act (damage of property, such as a group, deadly weapon, etc.) among the facts charged in the instant case, the lower court convicted him/her of violating the Punishment of Violences, etc. Act (Intimidation of groups, deadly weapons, etc.), and of violating the Act on the Promotion of Utilization of Information and Communications Network and Information Protection, etc.

In this regard, the defendant and the prosecutor filed each appeal, and the trial prior to the return is reversed only the guilty part, and the prosecutor dismissed the appeal against the acquittal part.

In this regard, the prosecutor did not appeal, and only the defendant filed an appeal, and the Supreme Court reversed the conviction part of the judgment prior to the remand and remanded it to the court of first instance.

Ultimately, since the prosecutor did not appeal against the judgment of the court prior to the remand and the above acquittal was separated and finalized, the scope of the trial on the party who received the refund shall be limited to the above conviction.

2. Summary of grounds for appeal;

A. Defendant 1) In regard to each injury and each assault, Defendant did not intentionally commit a crime of injury or assault by force against the victims as stated in each of the facts charged.

B) As to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), the Defendant is merely driving a car to collect violence from the victims at the time, and not driving a car to threaten the victim D.

C) As to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the Defendant did not send a text message to the victim D at the time to arouse fear or apprehension, but it is difficult to view the content of the text message as a content likely to arouse fear or apprehension.

2) The sentence of the lower court’s wrongful assertion of sentencing (2 years of suspended sentence in August and 300,000 won) is too excessive.