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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for two years.
Defendant
B. .
Reasons
1. Summary of grounds for appeal;
A. Defendants A) Of the facts charged against Defendant A, Defendant A’s misapprehension of the legal doctrine, each of the facts charged (except No. 71) in the separate sheet (hereinafter “instant facts charged”) is not specified, and thus, the judgment dismissing the prosecution should be sentenced.
Nevertheless, the court below erred by misapprehending the legal principles as to the specification of the facts charged, which affected the conclusion of the judgment.
B) Even if the facts charged in the instant case of mistake of facts were specified, the Defendant did not acquire a cell phone, which is a stolen, as stated therein, from purchasing the stolen cell phone. C) The lower court’s sentence against the Defendant of unreasonable sentencing (4 years of imprisonment for a two-year grace term) is too unreasonable.
2) The lower court’s punishment against Defendant B (the imprisonment of two years and six months, which is too unreasonable).
B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.
2. Determination
A. As to Defendant A’s assertion of misunderstanding the legal principles and assertion of misunderstanding the legal principles, the time and place of a crime should be specified to the extent that it does not conflict with the date and time, place, and method of the crime. As such, the purpose of the law requiring the specification of the facts charged is to facilitate the exercise of the Defendant’s right to defense. As such, it is sufficient that the facts constituting the facts constituting the crime are stated to the extent that it is distinguishable from other facts by comprehensively taking into account these elements, and even if the date and place of the crime are not specified in the indictment, it does not go against the extent mentioned above, and it is inevitable to indicate the facts in light of the nature of the offense charged, and if it is deemed that there is no difficulty in exercising the Defendant’s right to defense.