특정범죄가중처벌등에관한법률위반(절도)
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for four years.
The right of seizure shall be the only right of seizure.
1. The decision of the court below on the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
In the trial, the prosecutor changed the defendant's "total amount of KRW 29,060,00 in total over 21 times" to "amount of KRW 30,960,000 over 23 times in total," and added the following table Nos. 22,23 in attached Table 1, and applied for amendments to a bill of indictment with the phrase "total amount of KRW 29,060,000 in total" as "total amount of KRW 3,09,000 in total" at the end of attached Table 1, and the judgment of the court below based on the original facts charged cannot be maintained any more by this court.
[mark] On June 2, 2012, around 11:30, 2012, the Plaintiff had the victim pay attention to purchasing the damaged goods equivalent to KRW 400,000 at the 40,000,000,000 in the BU cultural product BS located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and then at around 12:30 on June 2, 2012, the Plaintiff’s market price of KRW 2,50,000,000 is equivalent to KRW 1.5 million.
3. Accordingly, the judgment of the court below is reversed pursuant to 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 it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is to change "a total of 29,060,000 won over 21 times over total of 23 times" from the end of the facts charged to "a total of 23 times equivalent to 30,960,000 won", and to "a total of 22,23 times over 23 times" from the table of crime attached to the court below and to "a total of 29,060,000 won" from the end of the table of crime 1 to "a total of 3,09,000 won", and the summary of the evidence is to change "a total of 2,960,000 won" from the end of the crime;
1.Each statement of BU,X, andY shall be added, respectively.