The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that from the date of this judgment.

1. The summary of the grounds for appeal (one year and six months of imprisonment, and two years of suspended execution) of the original judgment shall be too unreasonable;

(2) On the 3rd trial date after remand, the defendant clearly withdraws his assertion of mistake on the grounds of appeal by the defendant. 2. The prosecutor tried ex officio prior to the judgment on the grounds of appeal by the defendant. The "Violation of the Punishment of Violence, etc. Act (collectively weapon, etc.)", one of the crimes concerning the above facts charged, is "special assault", and "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act", which are applicable provisions to the above facts charged, is changed to "Articles 261 and 260 (1) of the Criminal Act", and "Violation of the Punishment of Violence, etc. Act (collective injury, etc.)", which is a different crime, is changed to "injury," and the applicable provisions of the Act on the Punishment of Violences, etc., which are applicable provisions to the above facts charged to the defendant, and thus the defendant cannot be changed to the part of the judgment below's amendment to indictment.

3. Accordingly, the judgment of the court below is reversed the conviction part of the judgment of the court below pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal.

Criminal facts

The defendant was living together with the victim C from 2009 to December 2012.

1. Special violence;

A. A. A. Before August 2009, the Defendant committed a crime, around 22:0 on August 22, 2009, and around 22:0, as a matter of death with the parent of the victim in the D apartment Madong 201, Namyang-si, Namyang-si.