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The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
Reasons
1. Summary of grounds for appeal;
A. The Defendant alleged a mistake of facts at the time of the instant case did not inflict an injury on the victim, such as a spawn spawn spath, etc., which requires a treatment of approximately 8 weeks by spawn spathing, spathing, etc., by spathing the victim at a height of 50 cm as stated in the facts charged, and the above injury was caused by spathn of the victim, but the court below found the Defendant guilty of the facts charged in the instant case, which affected the conclusion of the judgment
B. The lower court’s sentence on the ground of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor applied for changes in the contents of "in need of approximately 8 weeks medical treatment" in the fourth trial of the court of first instance to "not less than the number of days of medical treatment" and the party members permitted the changes in the contents of the trial. Therefore, the judgment of the court below cannot be maintained any more.
However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio reversal, and this is examined below.
B. (1) In full view of the evidence duly adopted and examined by the court below, in particular, the defendant's statement at the investigative agency and the victim's statement at the investigative agency and the court below, the victim driven the vehicle at the time of the occurrence of the instant case and received a left turn turn to the 1st line of Samsung Motor Vehicle located in Gangseo-gu Busan Metropolitan City, and received a left turn turn on the back at the 1st line of the Samsung Motor Vehicle located in the Samsung River located in Gangseo-gu, Busan Metropolitan City, but the vehicle of the defendant on the second line was left in the front of the victim's vehicle, but it is difficult for the defendant to go without any particular death, and the vehicle of the defendant 1.5 km away from the victim's vehicle.