Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.
The above fine shall be imposed on the defendant.
Reasons
1. The summary of the grounds for appeal that the court below rendered is deemed to be too unhued and unfair (the imprisonment of eight months and fine of thirty thousand won).
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
In the first instance trial of the lower court, the prosecutor applied for the amendment of an indictment to change the name of the part concerning the larceny from among the facts charged in the case of larceny to “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes,” and Article 329 of the Criminal Act “Article 5-4(5)1 and Article 329 of the Criminal Act, etc. of the Act on the Aggravated Punishment, etc. of Specific Crimes,” and Article 329 of the Criminal Act “criminal facts under Article 329 of the Criminal Act” to “criminal facts under Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes,” respectively.
On the other hand, the judgment of the court below rendered a single sentence by treating each of the charges of larceny and the remaining charges as concurrent crimes under the former part of Article 37 of the Criminal Act prior to the change of the subject matter to be tried.
Thus, the judgment of the court below is no longer able to maintain the same according to the change of the subject of the judgment of this court.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground of the above ex officio reversal, and the following decision is rendered through pleadings.
[Reasons for the judgment of multiple court] The facts constituting an offense and summary of evidence acknowledged by the court and the summary of evidence are as follows. Of the facts constituting an offense, the part concerning the larceny of the 2018 Godan2959 case (as to the 19th to 5th 4th th th th th th of the original judgment) is changed as follows. Of the summary of evidence, the part concerning the attack of the 2018 Godan2959 case among the summary of evidence (as to the 1st m of the original judgment No. 5th 1) is "O, R, Q and P's written statements."