야간건조물침입절도등
The remainder of the judgment of the court below, excluding the rejection of an application for compensation order, shall be reversed.
Two years of imprisonment.
Summary of Grounds for Appeal
Each punishment sentenced by the lower court (the first instance judgment: two years of imprisonment, and imprisonment with prison labor for one year and two months) is too unreasonable.
2. Ex officio determination of this case was made by the appeal against each judgment of the court below, and the prosecutor filed an application for changes to a bill of indictment with the purport of specifying the date and place of the crime under paragraph (4) and changing the amount obtained by deception among the facts charged in the case of this court 2019Da35666, and this court permitted this, thereby changing the subject of the judgment. Each of the offenses committed by the judgment of the court below is in a concurrent crime under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the remaining parts of the judgment of
3. As such, the remaining parts of the judgment of the court below, excluding the rejection of the application for compensation order, are reversed, and the remaining parts of the judgment of the court below, except the rejection of the application for compensation order pursuant to Article 364(2) of the Criminal Procedure Act, are reversed, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are as follows, except for the modification of Paragraph 4 of the judgment of the court of first instance as stated below and addition of Attached 2-1 List of Crimes, and addition of Attached 2-9 List of the facts constituting the crime in the judgment of the court of first instance, and therefore, it is identical to the corresponding column of the judgment of the court of first instance. Thus, it is acceptable in accordance
[Revised Crime] The Defendant, around October 18:28, 2019, committed a theft under the name of the victim K, such as the No. 1 Crime List No. 8, from the subway Scam Station in the 50-ro, Gangnam-gu, Seoul, Gangnam-gu, the subway transportation card, which is an information processing unit, such as a computer.