The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The misunderstanding E as to the violation of the Punishment of Minor Offenses Act is merely the fact that the misunderstanding E declared on the road without permission, and there was no slickly slicking around or under the influence of alcohol due to the horses or actions.

Nevertheless, the judgment of the court below which found the defendant guilty of violating the Punishment of Minor Offenses Act is erroneous.

B. The sentence of the lower court that is unfair in sentencing (the amount of KRW 600,000) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant asserted to the same effect as the grounds for appeal, and the lower court directly summoned E as a witness, and subsequently convicted him of violating the Punishment of Minor Offenses Act by recognizing the credibility thereof.

원심이 적법하게 채택하여 조사한 증거들, 특히 수사보고( 근무일지 첨부, 출동 경찰관 상대 )에 의하면, 경사 K이 2015. 11. 5. 13:33 112 신고가 들어와 ‘ 신고자의 집 앞에 화분을 놔둬서 주취자가 통행에 방해가 된다며 화가 나서 화분을 엎고 소란을 일으킨 것으로 음주 소란으로 통고 처분 및 강력계도 후 마감 ’으로 처리하였다고

In light of the records, the judgment of the court below is just and acceptable, and otherwise the judgment of the court below is clearly erroneous.

There are no extenuating circumstances to see the credibility of a witness’s statement, and the maintenance of the judgment of the court below on the credibility of the witness’s statement is not significantly unfair (see Supreme Court Decision 2008Do7917, Jan. 30, 2009). Accordingly, the Defendant’s assertion of mistake of facts is without merit.

B. As to the unfair argument of sentencing, the circumstances that can be considered such as the Defendant’s health condition and economic situation are already revealed in the original trial, and there is no special change in circumstances that need to be considered in the first instance trial.

Therefore, the defendant's improper assertion of sentencing is also justified.