야간주거침입절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (e.g., imprisonment with labor) by the lower court is too unhued and unreasonable.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the Prosecutor changed the facts charged in the case of 2019 order 188 to the following [the altered facts charged]; the name of the crime; and the applicable provisions of the Criminal Act; and the application for amendments to the amendment of the indictment, which add “an attempted personal intrusion” to “Article 322 of the Criminal Act” to the applicable provisions of the Act; the subject of the judgment is changed by this court’s permission. Thus, the judgment of the court below cannot be maintained as it is.
However, since the lower court rendered a single sentence by treating this part of the facts charged and the remainder of the facts charged as concurrent crimes under the former part of Article 37 of the Criminal Act, the lower judgment should be reversed in its entirety.
2. On March 6, 2019, the Defendant attempted to have a window installed in order to steal the victim’s property before the house of the victim G, which was located in the Go Chang-gun F of the former North Korea, and attempted to intrude into the victim’s house, but the Defendant did not enter the house on the wind at which the window is closed, and did not commit an attempted crime.
3. At around 10:40 on April 20, 2019, the Defendant entered a string door, which was not corrected to drink high-frequency meals, and entered the victim’s house and intrudes into the victim’s house.
【Revised Indictment】
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.
[Reason] The summary of facts constituting an offense and evidence recognized by this court is a summary of the facts constituting an offense and evidence, and the summary of the evidence falls under each of the original judgment except for the modification of the part as stated above (amended facts constituting an offense) in Articles 9 through 18 of the Criminal Procedure Act.