A defendant shall be punished by imprisonment for not less than one year and six months.

The punishment sentenced by the court below against the defendant (one year and six months of imprisonment) is too unhued and unfair.

Before making decisions on the grounds for appeal for ex officio judgment, this paper will examine ex officio.

In the trial of the court, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to change the term "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" among the names of the crimes against the defendant to "Habitual larceny", and Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act" in the applicable provisions of the Act

Therefore, this part of the judgment of the court below was modified, and this part of the judgment should be sentenced to a single punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act with the remaining criminal facts as stated in the judgment of the court below.

Therefore, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for the judgment of multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of the evidence, and summary of the evidence, except for the case where the title of paragraph (1) of the criminal facts is changed from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) to "Habitual Larceny" to "Habitual Larceny", are the same as stated in each corresponding column of the

Application of Statutes

1. Relevant Articles 332 and 329 of the Criminal Act concerning facts constituting an offense (aggravating, comprehensive theft, choose of imprisonment), Article 347 (1) of the Criminal Act (Frauds, Selection of Imprisonment), Article 70 (1) 3 of the Specialized Credit Financial Business Act (aggravating, comprehensive use of credit cards, and choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the defendant's assertion as to Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act shall be determined.