Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
No. 28 through 44 of seized evidence.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (a 3 years of imprisonment, confiscation) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. Ex officio determination of ex officio, the prosecutor examined the last sentence of the facts charged in the instant case at the time of the trial, and the prosecutor changed from that time to May 17, 2015 to that of the defendant who habitually stolen items equivalent to KRW 17,520,390 in total 26 times, such as the list of crimes in the attached list of crimes, from that time, and applied for the amendment of the indictment with the content of adding the list of crimes in the attached list of crimes in the attached list of the indictment attached to the indictment. This court permitted this and thereby the judgment of the court below cannot be maintained any longer.
3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed 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 as follows: the last sentence of the facts charged in the judgment of the court below shall be changed to habitually cut off the goods equivalent to KRW 17,520,390 in total from about 26 times until May 17, 2015, as shown in the separate list of crimes, from around 04:35,00. The summary of the facts charged in the judgment of the court below shall be added to the list of crimes in the separate sheet of the court below, and the summary of the evidence shall be as follows: 1.F, G, G, AZ, BA, BB, B, and BC ", 3, 4," each police protocol of the court below against H, I, G, G, J, K, D, D, L, M, P, P, Q, Q, B, B, B, B, B, B, B, B, and B, and each of them shall be cited as it is in the corresponding column of the court below's judgment.
Application of Statutes
1. Articles 332, 331 (1), and 342 of the Criminal Act applicable to the facts constituting an offense;
1. The Criminal Act among repeated crimes;