A defendant shall be punished by imprisonment for two years.

A. The lower court found the Defendant guilty of all the charges of this case including the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the Defendant, and sentenced the lower judgment against the Defendant in two years and six months.

B. Prior to remand, the Defendant appealed the above judgment of the court below on the ground of erroneous facts, misunderstanding of legal principles, and unfair sentencing. In the trial prior to remand, the Prosecutor applied Article 5-4(1) and Article 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes to the Defendant for habitual night intrusion theft, applied Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act were permitted to change the name of the Defendant into Article 332 and Article 330 of the Criminal Act, and the trial prior to remand was permitted. The Defendant’s assertion of erroneous facts and the fact that the Defendant committed the crime of larceny at night by intrusioning the victim’s residence, even if it is acknowledged that the Defendant committed the crime of larceny at night, even though it cannot be recognized that the Defendant had habitual nature of larceny, and all of the charges of this case, including habitual night larceny, which was modified through changes in the indictment, are reversed by misapprehending the legal principles as to the judgment of the court below and the judgment below.

C. The judgment of the Supreme Court is reversed and remanded. The defendant is against the judgment of the court prior to the remand.