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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as stated in Article 1-2(b) of the facts charged, did not constitute a forgery or use of a subcontract agreement between the Defendant and the victim on May 14, 2014.
2) On April 16, 2014, the Defendant purchased timber owned by the victim at KRW 1 million. On or around June 2016, the Defendant: (a) purchased waste timber at the instant construction site on or around June 2016 to be loaded into the forest room construction site; and (b) did not steals or illegally obtain any timber and building materials owned by the victim, etc., as stated in paragraph (3) of the facts charged, in addition to the temporary incineration.
B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.
2. Determination
A. Before the judgment on the grounds for an ex officio appeal is examined, prior to the judgment on the grounds for appeal by the prosecutor, with respect to the larceny portion, the prosecutor stolen the construction material equivalent to KRW 11,221,80 of the market price (130, 41, 41, 21, 21, 229, 229, 49, 149, 2,619, 500, 60, 500, and 31,221,800 in total of the market price by carrying the thief in the truck and loading it on the truck.
“The victim C-owned timber and construction materials worth KRW 11,221,80 of the market value (1,21, 41, 41, 21, 229, 149, 149, 149, 2,619, 500, 66 safety signs) of the market value of the victim C-owned land were stolen by carrying the property on the truck.
Inasmuch as the subject of the adjudication was changed by this Court after filing an application for changes to “,” this part of the judgment below was no longer maintained.
Meanwhile, the lower court rendered a single sentence on the ground that the above part of the facts charged against the Defendant and the remaining facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act, and the lower court’s judgment is only reversed in its entirety.
(b).