The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Fact-misunderstanding ① The Defendant informed the victim E of the fact that the vehicle height, etc. of the vehicle driven by the victim E was 20cc away from the victim E’s vehicle, and the victim did not have any intention of any special injury. ② The victim’s injury cannot be deemed to have been caused by the Defendant’s act.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the lower court to the Defendant (two years of suspended sentence in August and 80 hours of community service order) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's authority, in the first instance trial, the prosecutor applied the name of each crime in the facts charged against the defendant as "special assault" in Article 258-2 (1), Article 257 (1), and Article 40 of the Criminal Act, "Articles 261, 260 (1), and Article 40 of the Criminal Act" as "Article 261, Article 260 (1), and Article 40 of the Criminal Act," and the facts charged as stated in the following facts charged were modified by the court, and thus, the judgment of the court below cannot be maintained as it is.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's mistake of facts and the unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.

Punishment of the crime

On May 20, 2016, the Defendant driving a Lone Star or Bus C on May 20, 2016, and driving forward the front road D from the later side of the wall apartment apartment, to the Dong community service center of 3rd Dong-gu, Incheon, Nam-gu, Incheon, with a light that the F Ra car of the victim E (V, 30 years old) driven the front road from the later side of the wall apartment, raised its powerlight, etc. and proceeds from it toward the opposite side of the Defendant’s moving direction, making the light such as the height.