The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.

2. An ex officio determination prosecutor was prosecuted by applying Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331(2) and Article 35 of the Criminal Act to the Defendant’s act of thefting another’s property along with D, and on November 24, 2017, the applicable legal provision submitted an application to change the name of the Defendant to “thief” as “Article 329, 35, 37, and 38 of the Criminal Act,” and the subject of the judgment was changed by this court’s permission.

In this regard, the lower court found guilty by applying Article 331(2) and (1) of the Criminal Act with different constituent requirements and statutory penalty, which is higher than statutory penalty.

On the other hand, the lower court’s measure is unlawful in that the statutory penalty under Article 329 of the Criminal Act is a fine not exceeding six years, or a fine not exceeding ten million won, and that the statutory penalty under Article 331(2) of the Criminal Act is much higher than that of imprisonment with prison labor for not less than one year but not more than ten years, thereby causing substantial disadvantages to the defendant’s exercise of his right of defense. Thus, the lower court’s decision without the additional procedure

Therefore, the judgment of the court below is erroneous in violation of the principle of non-definite disadvantage or by applying the law mistakenly.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the part of the court below's judgment excluding compensation order among the judgment below is reversed and it is again decided as follows.

[Judgment of the court below] The summary of facts constituting a crime and evidence acknowledged by this court is as stated in the corresponding column of the court below's judgment, in addition to the case where "joint" was used as "joint," each of the 2, 13, and 20 of the 2, 20 of the 2, 369 of the 2, 369 of the Criminal Procedure Act.