The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

Of the facts charged against the Defendant, the summary of the Special thief [2016 Godan 4122] of the charges against J was “The Defendant was willing to steal string down on the vinyls of Defendant A and the Victim J.

On July 12, 2016, the Defendant and Defendant A, at around 02:20 on July 12, 2016, boarded a L 5 vehicle into the victim’s residence located in Southern-Gun, and parked the said vehicle at the entrance of the said residence, and thereafter, they came to a vinyl located in the said residence, and brought about 50 km (20 km) the market value of the victim’s possession, which was kept in custody at the said place, to bring about 50 km (20 km) at the ridge between the said vehicles.

As a result, the Defendant and the Defendant A stolen the victim's property together.

“A crime subject to victim’s complaint is a crime falling under Article 331(2) and (1) of the Criminal Act, which is applicable mutatis mutandis under Article 328(2) of the Criminal Act, which is a crime subject to victim’s complaint, if the victim and the offender have a relationship by blood or marriage, it constitutes a crime subject to victim’s complaint.

According to the records, the defendant and J as a sibling, and the J expressed its intention to punish the defendant at the investigative agency, but after the prosecution of this case was instituted, it expressed its intention not to be punished against the defendant on December 20, 2016, prior to the pronouncement of the judgment below (123 pages of the trial record), and the J revoked the complaint against the defendant (123 pages of the trial record).

It is reasonable to see the above facts charged as at the time when the complaint against a crime subject to victim's complaint is revoked, and thus the prosecution should be dismissed pursuant to Article 327 subparagraph 5 of the Criminal Procedure Act, but the judgment of the court below is erroneous in the misapprehension of law, which affected the conclusion of judgment.

3. Conclusion.