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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The punishment sentenced by the court below (three years and six months of imprisonment) is too unreasonable;
(On the other hand, the Defendant initially presented the grounds of appeal to the effect that “Inasmuch as the injury suffered by the victim falls short of the degree of injury necessary for the establishment of the crime of injury by robbery, the judgment of the court below which found the Defendant guilty of the injury by robbery was erroneous by misunderstanding the facts and adversely affecting the conclusion of the judgment,” but such grounds of appeal are not subject to the judgment of the court of this Court, as long as the prosecutor’s amendment to the indictment was permitted as follows on the third trial date.”
A prosecutor was in the trial for the case, in the indictment, he applied for a change of the name of the crime from “injury by robbery” to “Robbery”, Article 337 of the Criminal Act to “Article 33 of the Criminal Act”, and Article 33 of the Criminal Act to “Article 33 of the Criminal Act”, and Article 3 from the second bottom of the indictment to “the market price of 100,000,000 shall be deducted, and two sides of the case requiring approximately two weeks of treatment.” Accordingly, the Defendant taken the victim’s property by force and taken the victim’s property, thereby reducing the amount equivalent to KRW 100,000 of the market price.” Accordingly, the Defendant applied for a change of the bill of amendment to the indictment to “the victim’s property was taken by force,” and the Defendant was changed to the subject of adjudication by this court, so the judgment of the court below was no longer maintained.
3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal as seen above. The judgment below is reversed, and the following is again
- The reasons used again for reversal - The criminal facts and summary of evidence recognized by this Court shall be as follows: (a) the original judgment; and (b) the second one shall not exceed 5.