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

2. Ex officio determination of ex officio, the prosecutor applied for permission to amend the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) with the deletion of each part of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) as stated in No. 4, 7 and 15 in the judgment of the defendant when the prosecutor tried against the defendant, and the judgment of the court below cannot be maintained any more

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence acknowledged by this court are as follows. The part of the judgment of the court below regarding the crime No. 4 of the crime is as follows: "At the end of December 8, 2012, from around December 8, 2012 to August 17, 2013, 18 mobile phones equivalent to the total of 17,820,000 won were stolen in the same way 18 times in the same manner from around December 8, 2012 to around August 17, 2013." Since the part of the crime No. 8,520,000 won was deleted in the same manner as in the list of crimes in the attached Form No. 4 of the court below's judgment to "from around August 8, 2012 to around August 17, 2013, it is equivalent to the sum of 30,000 won and the corresponding column of the Criminal Procedure Act."

Application of Statutes

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 329 of the Criminal Act (the choice of limited imprisonment, including the larceny) and Article 360 of the Criminal Act.