beta
Text
The judgment below
The guilty part shall be reversed.
The defendant shall be exempted from punishment.
Reasons
1. The lower court, among the facts charged in the instant case, acquitted the Defendant on the violation of the Special Act on the Prevention of Damage to Telecommunications Finance and the Refund of Damage, and convicted the Defendant of the remainder of the facts charged, and found the Defendant guilty on the remainder of the facts charged. Since the Defendant’s appeal only on the guilty portion and the non-guilty portion that the prosecutor did not appeal became final and conclusive upon the lapse of the appeal period, the lower court should make a decision only
2. The sentence imposed by the lower court (two months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
3. Before the judgment on the grounds of appeal by the defendant was examined ex officio, ① the prosecutor applied for the amendment of indictment with the phrase “7,90 persons” as stated in Paragraph 3 (4) of the facts charged in the instant case at the trial of the court, and this court permitted it, thereby changing the subject of the judgment against the defendant. ② According to each description of the defendant’s oral statement and investigation report (Attachment of the relevant court rulings and copies of the indictment) and investigation report (the report on the pending trial), the defendant can be acknowledged as having been sentenced to 8 months of imprisonment with labor at the Busan District Court on November 25, 2016 and it was established on February 7, 2017. Since the above previous conviction is obviously a crime committed prior to the final date of the judgment of the court below, the crime of this case and the crime of violation of Article 20 of the Special Act on the Prevention of Fraud of Telecommunications Damage and Refund of Damage, etc., all of which are established and the crime of violation of Article 37 of the Criminal Act can be determined at the same time after the judgment of the court below.