The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts (not guilty part), the defendant sufficiently recognized the theft of electric power vessels as stated in the facts charged by the court below, such as the lower court’s 2018 High Court Decision 236

B. The lower court’s sentence of unfair sentencing (two months of imprisonment (two years of suspension of execution of imprisonment) and confiscation) is too uneasible and unfair.

2. An ex officio determination prosecutor changed the part of the facts charged in the original trial as stated in paragraph (2) of the facts constituting the offense of the judgment, which was followed, and applied for the amendment of the indictment which added Article 342 of the Criminal Act to the applicable provisions of the Act. This court permitted this and changed the subject of the adjudication.

Therefore, among the judgment below, the 2018 Highest 2365 portion cannot be maintained as it is.

Furthermore, as seen below, the facts charged with the revision of the 2018 Highest 2365 part which was found guilty and the 2018 Highest 462 part of the decision of the court below as stated in the judgment below constitute concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment. Thus, the judgment of the court below

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument, and the part of the judgment below against the defendant is reversed and it is again decided as follows.

[Judgment as to Defendant] Criminal facts

1. At night, at around 23:32 on December 17, 2017, the Defendant: (a) intruded into a factory beyond the fenced in E-factory, Inc., a victimized company located in Namdong-gu, Incheon; (b) cut nine-ton electrical wires (12,60,000 won at the market price claimed by the injured party); (c) cut off nine-ton electrical wires (12,60,000 won at the price claimed by the injured party) that are installed in the factory ceiling using electric wire cutting machines prepared in advance; and (d) cut off the 31 ton cargo loaded in the Fwing and 31 ton cargo.

2...