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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. The lower court’s sentence (two years of suspended execution in the month of imprisonment for eight months, one hundred and twenty hours community service, and forty-hour driving lectures) on the summary of the grounds of appeal is deemed to be too uneasy and unfair.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor's application for changes in indictment with respect to changes in indictment with respect to the facts charged in the case at the time of the trial, and since the subject of the judgment is changed by this court's permission, the judgment of the court below is no longer maintained.
3. According to the conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the following is again decided after pleading.
[Re-written judgment] The summary of the facts constituting an offense and evidence acknowledged by the court, the summary of the facts constituting an offense and evidence, and the summary of the evidence, led to the injury of the victim, such as the suppression of the inner part, which requires approximately 12 weeks of treatment.
“A victim suffered from an external trauma, etc., and had the victim receive treatment at a large hospital of the Gangseo-dong National University on August 25, 2015, the victim caused the victim’s death by spawnitis due to the spawnosis of the cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Ma.
“The Defendant’s statement in the second trial protocol of the first trial of the court of first instance” in the summary of the evidence;
1. Written records of autopsy;
1. Except for the addition of “Death Certificate,” it is identical to each corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning criminal facts and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving alcohol and the choice of imprisonment with labor);
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);
1. Reduction of a small amount;