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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The judgment of the court below that found the defendant guilty of the facts charged of this case, although the defendant did not wish the victim F as stated in the judgment of the court below at around 00:26 on August 12, 2012, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment.
The punishment (one million won of fine) imposed by the court below on the defendant is too unreasonable.
Judgment
In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, i.e., (1) the witness F began to take a bath from the beginning, and (2) the witness G testified that he/she may be punished as a crime of insult even though he/she received a report from the court below 2-3 times or more, and (3) the witness G witness G's testimony at the trial court where D employee was employed and reported to the police as he/she was asked to ask the store employees at the time when he/she was asked to ask the store employees at the time, and the police was rejected. In light of the fact that the police officer sent to the police officer after receiving a report within the above D shop and expressed the statement to the effect that the police officer “I will not take a desire to the police officer,” it is consistent with the testimony contents of the above FF, and thus, the defendant's assertion of mistake of facts cannot be justified.
The Defendant appears to have committed the instant crime in a contingent manner, and the Defendant is deemed to have good economic situation at class 3 of visual impairment. However, the said crime was committed by the Defendant on April 17, 2009 on the ground that the crime was committed against a police officer who called up to the D store with his happiness, and the nature of the crime was poor, and the Defendant was sentenced to a fine of KRW 300,000 as an obstruction of performance of official duties by the Seoul Western District Court on April 17, 2009.