The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for four months.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment and two years of suspended sentence) is deemed to be too unhued and unfair.

2. In a case where it is recognized that the defendant does not reside in the address as stated in the written indictment at the time of prosecution, pursuant to Article 18(3) of the Rules on Special Cases Concerning the Promotion, etc. of Lawsuit, the court shall, pursuant to Article 18(3) of the Rules on Special Cases Concerning the Promotion, etc. of Lawsuit, require the prosecutor to correct the address, and may not immediately order the public prosecutor to serve the notice without requiring the correction (Supreme Court Order 84Mo74 Dated January 16, 1985). According to the records, even though the defendant was not residing in the address as stated in the written indictment

A prosecutor submitted a document under the title “revision of address” on October 2, 2014, and submitted a document under the title “submission of reference materials” on October 27, 2014, but only the address of the defendant is the same as the address written in the indictment.

Therefore, the decision of the court below on the service of public disclosure, which the court below did not require the prosecutor to correct the address, is unlawful, and the procedure of the court below conducted without the defendant's statement is also unlawful, so the judgment of the court below cannot be maintained.

3. As such, the part of the judgment of the court below regarding the defendant's case is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the part of the judgment of the court below concerning the defendant's case is reversed, and it is again decided as follows.

[Judgment used again as to the part of the defendant's case] The summary of criminal facts and evidence acknowledged by this court and the summary of evidence are as stated in the corresponding column of the judgment below. Thus, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Code for the pertinent provision of the law and the choice of punishment for the crime (the crime shall be covered by each victim).