The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The prosecutor explicitly withdraws the misconception of facts or misapprehension of legal principles in accordance with the permission of the application for changes in the indictment to the indictment of the original trial (unfair sentencing).

The sentence (one year of imprisonment, two years of suspended execution) imposed on the defendant by the court below is too unhurd and unfair.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

On the other hand, a prosecutor was found not guilty of the facts charged in this case, and applied for the amendment of a bill of amendment to the indictment with the following modifications, and this court was permitted to do so, thereby changing the subject of the judgment.

As seen below, the part of the judgment of the court below which acquitted cannot be maintained in accordance with the amendment of the indictment, and the modified facts charged are found guilty. As such, the modified facts charged and the remaining convicted facts are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed. As such, the judgment of the court below should be reversed in its entirety.

[3] The Defendant: (a) found D’s house as stated in the facts charged in the judgment of the court below; and (b) destroyed the Defendant’s failure to pay repair fees by neglecting the air conditioners owned by the victim D, etc. located in the house in his/her hand.

[....]

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are added to the actual column of the crime 2. [Revised facts charged] as indicated in the judgment of the court below, and adding “1. Defendant’s in-court testimony at the trial court” and “1. On-site photographs (24, 25 pages of evidence records)” to the column of the evidence.