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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for six months.
However, the period of one year from the date this judgment becomes final and conclusive.
Reasons
1. Ex officio determination
A. On December 11, 2015, the Defendant submitted a petition of appeal to this court regarding the lower judgment, and on January 6, 2016, received the notice of receipt of the record of trial and the notice of the appointment of a national defense counsel from this court, and requested the court to appoint a national defense counsel on January 6, 2016. Accordingly, the court rejected the request for the appointment of a national defense counsel on April 18, 2016, and the certified copy of the said decision of dismissal was served on the Defendant on April 21, 2016.
After receiving a notice of receipt of court records and a certified copy of the decision of dismissal on the request for the appointment of a national defense counsel, the defendant failed to submit a written reason for appeal within 20 days, which is the period for submitting the written reason for appeal, and no reason for
However, since the Defendant appeared on the first trial date and agreed with the victim, the court below stated that the judgment of the court below was changed ex officio, and there is a reason for ex officio investigation of sentencing as follows.
Since it is judged, it is judged ex officio without making a decision to dismiss an appeal pursuant to the proviso of Article 361-4(1) of the Criminal Procedure Act.
B. In full view of the circumstances unfavorable to the Defendant, such as the Defendant’s injury caused during the victim’s left snow due to the Defendant’s instant crime, or the fact that the Defendant recognized the instant crime and reflects against the Defendant, the Defendant did not have any record of criminal punishment exceeding the fine, the Defendant agreed with the victim when he was in the heart, the victim appears to have extended the damage due to the Defendant’s failure to fasten the safety level after getting on the back seat of the taxi, the Defendant supporting the Defendant’s wife and three other parts of the crime, and other various sentencing factors as shown in the record and the trial process, such as the Defendant’s age, sex, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., it is deemed unfair that the sentence (hereinafter imprisonment without prison labor for six months) imposed by the lower court is somewhat inappropriate.
2. Conclusion.