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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The gist of the grounds for appeal is that the judgment of the court below which convicted the defendant is erroneous in misunderstanding of facts, although the defendant did not have any time when the victim was the victim, and that the sentence of the court below (two million won of fine) is too unreasonable.
2. Determination
A. We examine ex officio the judgment of ex officio, and the prosecutor applied for amendments to Bill of Indictment while maintaining the previous facts charged around the trial, as follows. Since the subject of the trial was changed by this court's permission, the judgment of the court below cannot be maintained further.
However, the defendant's assertion of misunderstanding of facts is still subject to the court's decision.
B. In light of the summary of the facts charged, around May 19, 201, the Defendant: (a) driven a flue car in front of a new duty-free shop linked to Jeju city on May 19, 201; and (b) at the time, the victim C (37 years of age) driven a taxi and left the left to the right from the later side of the Grand hotel. The Defendant was able to take care of the victim on the ground that the victim did not yield the right to the said intersection and caused traffic congestion. The Defendant was able to set up the said taxi while taking care of the victim on the ground that the victim did not yield the right to the said intersection; (b) the Defendant and the victim stopped the vehicle and went off the vehicle; (c) the Defendant was able to take care of the victim; and (d) the Defendant was able to take care of the victim at the time when the Defendant 2 suffered an injury from the victim at the right to the front of the vehicle; and (d) the lower court made the Defendant’s treatment of the victim at one week.