Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

A. The court below acquitted the defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, even though the defendant's habituality is recognized in light of the mistake of facts or misapprehension of legal principles, and the court below erred by mistake of facts or misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (a fine of eight million won) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor changed the name of the crime from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "thief", "Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 329 of the Criminal Act" to "Article 329 of the Criminal Act", and applied for permission to change the indictment to delete the part "Habitual" among the facts charged, and since this court permitted it and changed to the subject of the judgment, the judgment of the court

3. Therefore, the court below's judgment is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, on the ground that the above grounds for ex officio reversal are established, and the judgment below is again ruled as follows

(Inasmuch as the indictment was changed simply by simple larceny, it is not necessary to examine the prosecutor's assertion of mistake or misapprehension of the legal principles on habitual part. The criminal facts of the defendant, around 12:00 on April 18, 2014, 50,000 won in cash owned by the victim and the resident registration certificate of the victim, and one verification half-dimensional on a new bank and our bank physical card, which contain one copy of the identification card.