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All judgment of the court below shall be reversed.
Defendant
H and Defendant A shall be punished by imprisonment of one year and ten months, and Defendant I and Defendant J.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the lower court against Defendant A (the first instance judgment: imprisonment with prison labor for one year and eight months, and two months: imprisonment with prison labor for the second instance) and that by the lower court against the remaining Defendants (Defendant H: two years and two months, Defendant I, and Justice: imprisonment with prison labor for each year and eight months) are too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the Defendants.
A. On January 18, 2018, the prosecutor applied for changes in the indictment to add habitual special larceny to victim BN on January 18, 2018, and the first instance court decided to grant permission on the second trial date. The court below’s written application for changes in indictment contains no applicable provision regarding the above facts charged ( although the prosecutor’s written application for changes in indictment was omitted, it is obvious that the indictment was made in violation of Articles 342, 332, and 331(2) of the Criminal Act, and even if the omission in the written application in the above provision appears to be a simple error and correction was made ex officio, it does not seem that the omission in the written application in the above provision in this Act causes substantial disadvantage to the defendant’s right to defense. However, the court below’s decision on the above facts charged cannot be maintained in this respect (this part is a total of KRW 10 and the remaining facts charged, which the court below found guilty, and thus, the prosecutor of the first instance court or the second instance court’s decision on the total of KRW 150.
As a result, the Defendants committed a theft of another’s property by habitually combining two or more persons, which was the total sum of KRW 11,797,000 on 35 occasions, or attempted to steals money or valuables worth KRW 11,797,000.
As a result, the defendants are combined with more than two persons habitually.