beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The sentencing of the lower court (one year of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds of appeal, the prosecutor examined ex officio prior to the judgment on the grounds of appeal, and the prosecutor applied for the amendment of the indictment with the content of changing the facts charged in the instant case as stated in the following facts on the first trial date of the court of first instance. Since this court permitted this, the judgment of the court below was no longer maintained.
3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal of the judgment below, and the following is again decided after pleading.
Punishment of the crime
[Criminal Power] On April 22, 2010, the Defendant was sentenced to one year of imprisonment for habitual fraud in the Gwangju District Court’s net support, and completed the execution of the sentence on March 23, 201.
【Criminal Facts】
1. On February 4, 2013, at the point of “E” operated by the victim D in Ulsan Metropolitan City Jung-gu, Ulsan Metropolitan City, the Defendant: (a) ordered the victim to provide alcohol and alcohol to the victim; (b) then, (c) stolen one cell phone with the victim’s market value equivalent to KRW 250,000,000, which is located on the table table, to make the victim prepare for alcohol and alcohol.
2. Habitual fraud;
A. On June 23, 2012, around 20:25, the Defendant issued an order for alcohol, alcohol, etc. to the employees of the said establishment as if they would normally pay the alcohol value to the employees of the said establishment in the “AC Points” operated by the victim AB in Jung-Eup, Jung-gu.
The Defendant received immediately from the above employee who believed that he was aware of such fact, an alcoholic beverage and an alcoholic beverage equivalent to the market value of KRW 300,000,000.
B. On June 25, 2012, the Defendant: (a) around 21:30 on June 25, 2012, at the AF week D operated by the Victim AE in Jung-Eup, a Sin-Eup, the Defendant believed that three people are more able to do so after diving; and (b) made the price.