2015Do18918 A. Defluence

B. Violation of the Punishment of Minor Offenses Act

A

Defendant

Suwon District Court Decision 2015No1558 Decided November 17, 2015

January 28, 2016

The judgment of the court below is reversed, and the case is remanded to Suwon District Court Panel Division.

ex officio deemed.

In the reasoning of the judgment of the court below, the prosecutor changed part of the facts charged in this case from the first instance court.

A request for Amendments to Bill of Indictment was made by the first instance court, and the subject of the adjudication is changed by permitting it.

Even though the court of first instance imposes an excess on the defendant and enters the facts charged prior to the amendment into the criminal facts.

Since the judgment of the court below was pronounced guilty, it cannot be maintained as it is, it is reversed and changed.

In conclusion, even though the Court rendered a new decision as follows, the Court ordered the defendant to do so otherwise.

The appeal is dismissed. The judgment of the court below is unlawful in violation of the reasons and the text of the appeal.

this subsection.

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion.

It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-deok

Justices Park Young-young

Justices Kim In-bok, Counsel for defendant

Justices Kim Jong-il