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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year and by imprisonment for eight months, respectively.
(b).
Reasons
1. Summary of grounds for appeal;
A. The facts charged by the public prosecutor's decision that dismissed the prosecution are as follows: ① the date and method of the crime, and the volume of smartphones, which are damaged goods, are stated to the extent that they can specify the elements of the crime and the number of crimes; ② there is no difficulty in finding the guilty or the number of crimes; ② It is limited to the revised facts charged; ③ there is no possibility of double prosecution as it is separated from other facts charged by the Defendants according to the method of the crime, the time of the crime, the amount of smartphones, etc.; ④ The Defendants do not directly confession the facts charged against the 140s and infringe on their right of defense; ⑤ The smartphones in this part of the facts charged are already sold to others so it is difficult to specify the victim in detail; ⑤ the victim is specified to the extent that the ability of the Defendants to take responsibility and the completion of the statute of limitations is possible; and the prosecution procedure against the
Nevertheless, the court below erred by misapprehending the legal principles and dismissing the prosecution as to the remaining facts charged.
B. The sentence sentenced by the court below (for the defendants A, 1 year of imprisonment, 2 years of probation and community service, 80 hours of probation and community service, confiscation, 8 months of imprisonment, 2 years of probation, 80 hours of probation and community service) is too unreasonable.
2. Before ex officio determination and judgment on the grounds for appeal by the public prosecutor and the Defendants, the public prosecutor is indicted by applying Article 362(1) of the Criminal Act to the act of acquiring stolen property. The crime of acquiring stolen property under Article 362(1) of the Criminal Act is a crime which is separate from the act of acquiring stolen property by the victim. The defendants conduct the act of acquiring stolen property repeatedly.
Even if each act of acquiring stolen property has different legal benefits for each victim.