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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal argues to the effect that there was no error of fact that the Defendant made such remarks as stated in the facts charged to E in the C cafeteria. The prosecutor reflected this in the first instance, and then changed the “C cafeteria from F’s office” to “F’s office,” and deleted the “E” from the other party to the statement from the other party to the statement, and applied for changes to the indictment, and the court does not separately decide on this insofar as this court permits it.
Punishment (one million won of fine) declared by the court below is too unreasonable.
2. Before determining the grounds for appeal by the Defendant’s ex officio, the Prosecutor changed the “C cafeteria” of the first sentence of the facts charged in the judgment of the court below from the F office to the “F office”, and the second sentence “Operation of the above cafeteria” and “E” of the third sentence were deleted, and the subject of the judgment was changed by this court’s permission. In this respect, the judgment of the court below cannot be maintained further.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and the following is again decided after pleading.
[Dao-written judgment] The criminal facts and the summary of the evidence acknowledged by the court below are as follows: the first instance court's criminal facts are changed from the F's office to the F's office; the second instance's "Operation of the above cafeteria" and the third cafeteria's "E and E" are deleted; and the main part of the judgment of the court below is as stated in the corresponding column of the judgment of the court below, except for addition of the defendant's trial statement in the summary of evidence.