특정범죄가중처벌등에관한법률위반(절도)등
The judgment of the court below is reversed.
The punishment against the Defendants shall be one year and six months.
1. Summary of grounds for appeal;
A. Each sentence sentenced by the court below to the Defendants (one year and six months of imprisonment) is too unreasonable.
B. The above punishment sentenced by the prosecutor by the court below against the defendants is too unhued and unjust.
2. Prior to the judgment on the grounds for appeal following the ex officio judgment on the amendment of indictment, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and the prosecutor applied for the amendment of indictment with the content that the facts charged in this case are modified by this court's permission. In this regard, the judgment of the court below on the previous facts charged cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendants and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
[C] The criminal facts acknowledged by the court below are the facts of the crime. The defendant stated in the judgment below that " around June 21, 2013, at around 04:20, the defendant collected the victim's cell phone from AP underground 2 in Seocho-gu Seoul AP underground level or the surface room of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the victims."