All judgment of the court below shall be reversed.

The judgment below

The public prosecution against the second 2017 order 5161 case is dismissed.

1. The decision of the court below (No. 1: imprisonment with prison labor for four months, suspension of execution for one year, and 2: fine of two million won) based on the summary of the grounds for appeal is too unreasonable.

2. Ex officio determination

A. We examine the judgment of the court below of first instance ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the records, among the judgment below, the facts constituting the crime stated in the 2017 Highest 5161 case are the same as the facts constituting the crime of the 2017 Highest 5102 Highest 2017 Highest 2017 Highest 5161 case, and the 2017 Highest 5161 case was prosecuted on November 22, 2017, and 2017 Highest 5102 case, respectively, on November 17, 2017.

Thus, the public prosecution against the 5161 case of the High Court Order 2017 is the case in which a new public prosecution is instituted for the case in which a public prosecution has already been instituted, and thus a judgment dismissing the public prosecution should be sentenced pursuant to Article 327 subparagraph 3 of the Criminal Procedure Act.

Nevertheless, the court below erred by misapprehending the legal principles on double prosecution, which affected the conclusion of the judgment.

B. Prior to the judgment on the grounds for appeal against the judgment of the court below of second instance, the prosecutor examined the reasons for appeal in advance, and applied for the amendment of the indictment to the purport that the name in the facts charged of this case added the physical card connected to the national bank account in the name of the defendant to the defendant through Kwikset service. Since this court permitted this, the judgment of the court below cannot be maintained as it was no longer.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided through pleading.

[Grounds for the judgment below] Facts constituting an offense and summary of evidence recognized by the court below are stated in the judgment below.