A defendant shall be punished by imprisonment for not less than two years and six months.

One gallon (gallon juS) which has been seized.

A. The sentence imposed by the lower court on the Defendant (a three-year imprisonment, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too unfortunate and unreasonable.

(2) Prior to the judgment on the grounds for appeal by the defendant and the prosecutor, the prosecutor ex officio examined the grounds for appeal by the defendant and the prosecutor on the second trial date, and the prosecutor applied for changes in the indictment to "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 331 (2) and Article 342 of the Criminal Act" and "Article 332, Article 331 (2) and Article 342 of the Criminal Act" and "Article 332, Article 331 (2) and Article 342 of the Criminal Act" respectively. Since this court permitted this and changed the grounds for appeal by the defendant and the prosecutor, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column except for changing "1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)" in the criminal facts column of the judgment below to "1. Habitual special larceny". Thus, they are cited as it is in accordance

Application of Statutes

1. Where the relevant statutory provisions on criminal facts and Articles 332, 331(2), and 342 of the Criminal Act regarding the selection of punishment are habitually special larceny, and, in inclusive, the crime of habitual special larceny and habitual special larceny are habitually repeated based on the habit of larceny, the statutory penalty among them is the most severe.