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The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. According to the prosecutor's statement and evidence submitted by the prosecutor, it is possible to find the defendant guilty of robbery, injury, and confinement. However, the judgment of the first instance court which acquitted the defendant is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
B. The judgment of the court of first instance which found Defendant (1) guilty of the misunderstanding of facts (as to the larceny), although the Defendant did not have stolen 60,000 UN which was in the victim’s room, is erroneous and adversely affected the conclusion of the judgment.
(2) The first sentence of unfair sentencing (one year of imprisonment) is too unreasonable.
2. Before the judgment on the grounds for appeal ex officio, the prosecutor examined the facts charged of “Robbery, bodily injury, and confinement” among the facts charged in the instant case against the Defendant at the trial of the court below. The name of the crime is “rogating, injuring, and confinement” under the Criminal Act, and the applicable provisions of the Criminal Act are applied for permission to change them to “Article 350(1), Articles 257(1), and 276(1) of the Criminal Act” under Article 350(1), Article 257(1), and Article 276(1) of the Criminal Act. This court permitted this to change the subject matter of the judgment, thereby finding the Defendant guilty of all the modified facts charged, and the crime of destroying and damaging documents, which are the remaining guilty part of the crime, should be sentenced to a single sentence in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. As such, the judgment of the court of first instance cannot be maintained in its entirety.
Therefore, the Defendant and the Prosecutor’s grounds of appeal on the part of the judgment of the first instance court regarding the charge of robbery and the charge of robbery, which are included in the charge of injury by robbery, were modified to the charge of “abstinence, injury, or confinement” of the relevant part of the facts charged.