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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The defendant does not pay the above fine.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
In the case of a prosecutor, among the facts charged in the indictment at the trial of the party, the prosecutor applied for the amendment of the indictment to delete the "in the course of a dispute with the father, etc. of the victim" of the fourth sentence, and the subject of the judgment was changed by this court.
Therefore, the judgment of the court below is no longer maintained.
3. The judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
[Re-written judgment] The summary of the facts constituting an offense and evidence acknowledged by the court and the summary of the evidence are as follows: except for the deletion of the part of “in the course of a dispute with the father, etc. of the victim” in Articles 1, 18, and 2, 1, 369 of the Criminal Procedure Act, since it is identical to the corresponding column of the judgment of the court below, the summary of the facts constituting an offense and evidence is cited by the court below.
Application of Statutes
1. Article 266 (1) of the Criminal Act and Article 266 of the same Act concerning the crime (the point of causing bodily injury by negligence) and the selection of a fine concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing guidelines do not apply to the crime of injury or injury caused by negligence in the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment.
Along with the fact that the Defendant led to the confession of the facts charged in the instant case, and the Defendant was sentenced to a fine for bodily injury in 1988, the Defendant had no record of criminal punishment until recently, and that the degree of injury suffered by the victim seems to be relatively minor is the circumstances favorable to the Defendant.
On the other hand, the following facts are disadvantageous to the defendant.
The defendant did not agree with the victim, and the letter shall be used to the victim.