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The judgment below
The guilty portion shall be reversed.
Defendant
A A Fines 4,000,000 won, Defendant B shall be fined 3,000,000 won.
Reasons
Summary of Grounds for Appeal
Defendants (misunderstanding of facts with regard to the portion of the crime) are merely referred to as 'five’, and there was no fact that the Defendants made a fraud by using factory timber and special sirens.
According to the evidence submitted by the prosecutor (misunderstanding of facts as to the acquittal portion), it is recognized that even before the crime was committed on June 1, 2012, the defendants continued to commit the crime and used a factory tyren and a special siren.
Judgment
In the first instance of the judgment of the court below, the prosecutor first applied for the amendment of indictment which adds the following facts charged and applicable provisions of law to the charges, and this court permitted this and changed the subject of the judgment, so the guilty portion of the judgment of the court below cannot be maintained as it is.
However, the defendants' assertion of mistake of facts as to the primary facts of this case and the prosecutor's assertion of mistake as to the acquittal of facts as to the primary facts of this case is still subject to the judgment of this court.
[Preliminary Facts in the facts charged] The Defendant asserted that the Defendant: (a) while staying five gambling from time to time with K, J, I, H, etc. in G milk delivery waiting office located in Daejeon U.S. F; (b) on June 1, 2012, at G oil delivery waiting office located in Daejeon U.S. F, the Defendant claimed that: (c) if the Defendant 1, J, K, K, H, M et al. al. used 21 Tue in the G oil delivery waiting office located in Daejeon U.S. F, the Defendant 21 U.S. kept down the following money; and (d) the Defendant 1, as well as the Defendant 21 U.S. knife money, if he left the office or left the office, the following money would be added; and (d) the Defendant 4 and the Defendant 26 U.S. criminal law / [the Defendants / the applicable provisions of the Criminal Act] / [the pertinent provisions of the Criminal Act].