절도등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
A seized waterproof dye.
1. Summary of grounds for appeal;
A. The sentence of the lower court (the imprisonment of eight months, confiscation) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
In the trial of the court below, the prosecutor applied for changes in the indictment of the court below [2015 Godan 906] Section 2 of the case to "the defendant, including the defendant, driven the above D-wing and fixed freight without obtaining a driver's license for a total of four times as shown in the attached crime table 2 from July 15, 2015 to September 3, 2015," including the defendant, "the defendant and the defendant, from July 15, 2015 to September 3, 2015, they were driving the above D-wing and fixed freight vehicle without obtaining a driver's license for five times in total as shown in the attached crime list 2." This court permitted this.
Therefore, the conviction part of the judgment of the court below can not be maintained due to the change of the object of the judgment.
3. In conclusion, the guilty part of the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the error of sentencing by the defendant and the prosecutor, and the following is again decided after pleading.
[Judgment of conviction] The summary of criminal facts and evidence against the defendant recognized by this court is identical to the facts constituting the crime of the judgment below [2015 high order 906 high order order ] and part 2 of attached Table 2 as follows. Thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act, since the facts constituting the crime and summary of evidence against the defendant recognized by this court are as follows.
Parts of the modification.
1. Before correcting part of the facts constituting the crime: The Defendant is a Gangwon Heavy Industrial Workers’ Accommodation at the Gangwon Heavy Industrial Workers’ Accommodation House, which is located in the Gangwon Heavy University, without obtaining a driver’s license for a motor vehicle on August 25, 2015.