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The part of the judgment of the court of first instance and the judgment of the court of second instance excluding the compensation order shall be reversed.
Defendant shall be punished by imprisonment.
Reasons
Summary of Grounds for Appeal
The defendant (as to the judgment of the court below of the second instance), mistake of facts (as to the second-class paragraph (a) of the crime in the judgment of the court below), the defendant did not know about whether he borrowed money from the victim N and returned it, but there was no way to communicate, and therefore, the defendant did not return it. Thus, the judgment of the court below which found the defendant guilty of this part of the facts charged, is erroneous in the misunderstanding of facts.
The sentence of imprisonment (two years of imprisonment) imposed by the court below on the defendant is too unreasonable.
The prosecutor(s)(s)(s)(s)(s)(1)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)(s)
Before the judgment on the grounds for appeal of ex officio determination, each appeal case of the judgment below against the defendant was consolidated and tried by the prosecutor. In the trial prior to the decision on commencing a retrial, the prosecutor changed the name of the crime to the charges of habitual larceny by including both attempted larceny of the judgment of the judgment of the court of first instance and the charges related to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) of the judgment of the court of second instance, and applied for permission to change the applicable provisions to "Habitual Theft" and "Articles 332, 342, and 329 of the Criminal Act" in accordance with the judgment following the decision on commencing a retrial. This court permitted all of them, and changed the subject matter of the judgment of the court of second instance and the remaining crimes of the judgment of the court of second instance which were convicted as above were related to concurrent crimes under Article 37 of the Criminal Act, and thus, the judgment of the court of first instance and the judgment of the court of second instance can no longer be maintained.
However, there is reason to reverse the judgment below ex officio as above.
(b)if any;