특수절도등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
A seized diver (Evidence....)
1. Summary of grounds for appeal;
A. Each sentence (No. 1: imprisonment with prison labor for a year and 2 months, confiscation, and 2 months: imprisonment with prison labor for a year and 2 months) sentenced to the defendant in the judgment of the court below is too unreasonable.
B. The sentence imposed on the Defendant in the judgment of the first instance court by the prosecutor is too unhued and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
A. The first and second court rendered a judgment after completing separate hearings against the Defendant, and the Defendant filed an appeal against both the first and second court judgment, and the prosecutor filed an appeal against the judgment of the court of first instance, and this court decided to hold concurrent hearings against each of the above appeal cases. Each of the offenses recognized by the first and second court against the Defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act and shall be sentenced to one sentence under Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained in entirety.
B. In addition, the prosecutor changed the facts charged of the first instance judgment as stated below (the judgment used again) and applied for permission to amend the amendment to the indictment with the addition of Article 40 of the Criminal Code under the applicable law. Since the subject of the judgment was changed by this court's permission, the first instance judgment cannot be maintained in this regard.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the aforementioned ex officio reversal grounds. The judgment below is reversed in entirety, and it is so decided as follows.
[Re-written judgment] The summary of the facts constituting the crime and the evidence recognized by the court and the summary of the evidence are as follows: (a) the passbook, e-mail card, and password for the accounts of the new bank (H) among the facts constituting the crime of the 2017 High Order 2479, the first High Court Decision.