beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of the grounds for appeal 1) The sentence imposed by the Defendant (one year of imprisonment) by the lower court is too unreasonable.
2) The sentence imposed by the prosecutor by the lower court is too unhued and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
The prosecutor applied for changes in the indictment in exchange for the facts charged in the trial, and the judgment of the court below can no longer be maintained as the case is permitted by this court.
3. The judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed ex officio as follows, on the ground that there is a ground for reversal ex officio as above.
【Grounds for a new judgment】 The facts constituting a crime and summary of the evidence recognized by the court and the summary of the evidence are as shown in the corresponding column of the judgment below, except where the part of the judgment below is stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
The judgment below
The content of the statement in the location is as follows: (a) around August 30, 2016 around February 2, 2016, the first-time one-time one-time one-time period of the crime list around 200,000 won, around 2, 2016, around August 2016; (b) around 2, 2016, KRW 50,000,000,000,000,000 around 2, 200,000,000; (c) on the 30-day 30,000,000,000 in the case of one unit, KRW 2,00,000 in the case of 4,00 on November 30, 2016; and (d) the amount of KRW 1,00,000 in the case of 0.5 shares and interest at KRW 200,00.
In the event of being admitted to the old account of 0.5 of the 30th day of deception, it would pay the amount of KRW 10 million and interest on February 28, 2017.
Defination amount of 50,000 won per 27,500,000 won per month for a crime of KRW 2,500,000,000 won per month, three times per 1.5 million,50,000 won per month, one time per 5,000 won, 170,000 won per month until the end of January 2017, 50,000 won per month for a crime of KRW 27,50,000,000;