beta
Text
The judgment of the court below is reversed.
The crimes of the first to the fourth and the sixth crimes in the judgment of the defendant shall be punished by imprisonment with prison labor for one year and six months, and the fifth crimes in the judgment.
Reasons
1. The summary of the grounds for appeal (one year and six months of imprisonment with prison labor for the crimes set forth in the holding, and six months of imprisonment for the crimes set forth in the holding) is too heavy or unreasonable.
2. Before determining the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor applied for changes in the indictment from the trial court to “5,000 won” as “94,440 won” from “95,00 won” to “50,02,270 won” and “50,02,270 won” as “50,00 won” as “50,02,270 won” as “50,00 won in the indictments of the case No. 2015, Dec. 12, 2013. As such, the judgment of the court below was no longer maintained.
3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: (a) the date and time set forth in No. 14 of the Attached Table No. 12, from among the facts charged in the case No. 2015Kadan96 as of February 12, 2013 to “ December 12, 2013;” and (b) the amount to “95,000 won” to “94,440 won” to “5,00 won” to “50,02,270 won” to “50,02,270 won” to “50,02, 200 won” to “50,021,710 won” to “the summary of the evidence in the case No. 2014Gadan2493 as of the judgment of the court below; and (c) it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 347(1) and 30 of the Criminal Act (the fraud of each of the facts of the crime in paragraphs (1) and (2) of the same Article), Article 347(1) of the Criminal Act (the fraud of the facts of the crime in paragraph (3) of the same Article, and the fraud of the victim J, R and S) of the Criminal Act.