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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 800,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The Defendant had no misunderstanding of facts or misunderstanding of legal principles in a state where many and unspecified persons exist at the same place as indicated in the facts charged of this case.
In addition, even if the expression was intended, it was to the extent that the expression itself does not violate social rules, and it was set up against the victim’s desire and assaulting the defendant, and the defendant’s handphone was damaged, and it should not be punishable as a legitimate act or self-defense.
B. In consideration of the various circumstances of unreasonable sentencing, the sentence of the lower court (the fine of KRW 800,000) is too unreasonable.
2. Determination
A. We examine ex officio the grounds for appeal by the defendant before determining ex officio.
On January 20, 2015, from around 19:12 to 19:20 on the same day, the Defendant used the facts charged in the instant case to the front of the Seocho-gu Seoul Metropolitan Government K Building, and the victim E (V, 51 years old) was not able to talk with himself, and on the ground that the victim E (V, 51 years old), among many unspecified persons, such as beauty rooms, the victim was able to talk with the victim, the same year of "a bad year, bad year, see, see, see, and see, dead, and tell," and among many unspecified persons in a continuous distance, the public insulting the victim by openly insulting the victim.
As the party members applied for the revision of the indictment to the effect that the indictment was changed, the original judgment, which was based on the initial charge, could no longer be maintained.
B. After changing the assertion of mistake or misunderstanding of legal principles, the defendant's assertion of mistake or misunderstanding of legal principles is still subject to determination.
The evidence duly examined and adopted by the court below and the court below, in particular, the victim E's statement in the court below.