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The judgment below
Of the defendants, the part of the defendant is reversed.
A defendant shall be punished by imprisonment for two years.
except that this judgment.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment, three years of suspended execution) is too unfied and unreasonable.
2. An ex officio determination prosecutor filed an application for changes in the indictment with regard to "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" among the names of the defendants against the defendant as "Habitual larceny" and "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Articles 329 and 331 (2) of the Criminal Act" and "Articles 332, 329 and 331 (2) of the Criminal Act" were changed by this court's permission. This part of the judgment of the court below against the defendant should be sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act with the remaining criminal facts as stated in the judgment of the court below against the defendant.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows, without examining the prosecutor's ex officio grounds for reversal of unfair sentencing.
Criminal facts
The facts of the crime acknowledged by this court are as follows: "one point for gallon 5 damaged goods column 1 per annum in attached Table 1 of the judgment below," "one point for gallon 21" in the "gallon 31 point for gallon 7 damaged goods column," "one point for gallon 31 and one for gallon 7 damaged goods column" in the "gallon 31 point for gallon 31 and one for gallon 21 point for gallon 21" in the "gallon 9 damaged goods column" in the evidence records No. 92,94 of the "gallon gallon 31 point for gallon 7 damaged goods column," and the "gallon 31 point for gallon 31 point" in the "gallon 31 point for gallon 13 damaged goods column of the judgment below changed the "gallon 31 point for gallon 300.
Article 369 of the Criminal Procedure Act is quoted as it is.
Summary of Evidence
The summary of evidence recognized by this Court is of the judgment below.