1. misunderstanding of legal principles as to the scope of trial proceedings

2. If the commission has committed an attempted robbery after the robbery has been made, the former shall be absorptiond by the latter.

1. Although it is clear that the court below was prosecuted for committing a crime of attempted special robbery, it did not go through the amendment of a bill of indictment and did not err by misapprehending the legal principles on the scope of the trial hearing.

2. Since the Defendants gathered with the intent of robbery and prepared robbery and committed a crime of attempted special robbery after the mold without the renewal of the criminal intent, the crime of attempted special robbery in relation to the robbery is deemed as part of the crime of attempted special robbery, and it is reasonable to regard the crime of attempted special robbery as one of the crimes of attempted special robbery.

Article 334 of the Criminal Act, Article 342 of the Criminal Act, Article 343 of the Criminal Act

Defendant 1 and one other

Defendants

Gwangju District Court (81 High Court Decision 259)

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for a short term of one year and six months, and two years.

The number of detention days prior to the pronouncement of the judgment of the court below shall be one hundred days each included in the above sentence.

One mountain cap (Evidence No. 1), one set (Evidence No. 2), one color tag (Evidence No. 3), one set (Evidence No. 4), one color tag (Evidence No. 5), excessive one square (Evidence No. 5), one vinyl No. 6 (Evidence No. 6) from Defendant 1, respectively, shall be confiscated from Defendant 2.

The gist of the grounds for appeal by the Defendants and their defense counsel is that the judgment of the court below is too unreasonable that the sentence was imposed on the Defendants for a short-term of one year and six months, and a long-term two-year sentence. Accordingly, prior to the judgment of the grounds for appeal, the court below ex officio examined the Defendants, and according to the applicable provisions of the indictment and the facts charged, the public prosecutor is indicted against the Defendants. Although it is clear that the facts charged were prosecuted for special robbery (the crime of attempted special larceny, which is the crime of attempted robbery, is deemed to be erroneous) as a crime of attempted robbery (the crime of attempted special larceny, which is the crime of indictment against the facts charged, shall be deemed to be erroneous) without any modification of the indictment procedure, the court below applied the above facts charged as attempted special larceny without any modification of the indictment. In this regard, the judgment of the court below cannot

Therefore, the judgment of the court below is reversed in accordance with Articles 364(2) and 364(6) of the Criminal Procedure Act without examining the grounds for ex officio reversal of unfair sentencing.

The relationship between the facts charged and the evidence acknowledged as to the instant case by a member is as follows: 1-C. With the exception that each statement consistent with the facts is added as evidence in the original trial of the Defendants and the co-defendants of the original trial of the original instance (as of December 30, 1981, which is forwarded to the Juvenile Department at the trial of the original instance), it is identical to the timely statement of the lower judgment; and therefore, it is decided to accept it as it is in accordance with

Article 343 and Article 30 of the Criminal Act (No. 5 of the Criminal Act) provides that the first five-month punishment for each of the above crimes (No. 1 of the crimes of robbery No. 1 of the first five-month punishment) shall be imposed on the defendant, and the first five-month punishment for each of the crimes of robbery No. 1 of the crimes of robbery No. 342, Article 334 (2) and Article 330 of the Criminal Act shall be imposed on the defendant, and the first five-month punishment for the crime of robbery No. 1 of the first five-month punishment (no. 1 of the above crimes of robbery No. 4) shall be imposed on the defendant, and the first five-month punishment for the crime of robbery No. 5 of the above crimes of robbery No. 1 of the Criminal Act shall be imposed on the defendant, and the first five-month punishment for the crime of robbery No. 1 of the second half-year punishment for the crime of robbery No. 5 of the above crimes of robbery No. 1 of the second-year punishment for the above crimes of robbery. 1 of the Criminal Act.

Judges Lee Jong-chul (Presiding Justice)