Text
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. The Defendants’ sentence (the Defendant A’s imprisonment for six months, two years of probation, two years of probation, community service order 160 hours, 23,539,00 won, Defendant B’s imprisonment for four months of probation, two years of probation, two years of probation, probation, and community service order 120 hours of probation, 3,301,50 won) imposed by the lower court is too unreasonable.
B. The sentence imposed by the prosecutor by the court below on the Defendants is too unhued and unreasonable.
2. In the trial of the party, the ex officio judgment prosecutor applied for permission to amend the Bill of Indictment with the contents that add the crimes listed in the annexed Table No. 20 No. 20 per annum (1) and the crimes listed in the annexed Table No. 17 per annum (2) to the annexed list of crimes, which are related to the previous facts charged. Since this court permitted this, the judgment of the court below cannot be maintained as it is.
3. As seen earlier, the lower judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendants and the prosecutor’s allegation of unfair sentencing, on the grounds of ex officio reversal prior to the conclusion, and the following is again decided after pleading
【Reasons for the Judgment of the Court which has been written] The facts constituting a crime and summary of evidence recognized by the court and the summary of evidence are as follows, except for dismissal or addition as follows, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
The judgment below
Part 2, the 17th page read that “a total of 19 web site posted obscene materials on a total of 203,391 occasions” as “a total of 20 web website up to 206,249 times,” and that the 3th page “a total of 16 web website site posted obscene materials on a total of 31,541 occasions” as “a total of 35,204 obscene materials on a total of 17 web website site.” respectively.
The judgment below
Each attached Form shall be replaced by the attached Form in each trial.
The following evidence shall be added to the summary of the evidence.
1. The defendants' oral statement 1.1.