A defendant shall be punished by imprisonment for two years.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for permission to amend the Act on the Aggravated Punishment, etc. of Specific Crimes to “Article 5-4(5) and Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes” in the applicable provisions of the law to the Defendant, and thus, the subject of the judgment is legally changed by this court’s permission. Therefore, the judgment of the court below is no longer maintained in this respect.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331(1) (special larceny) of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 (a) of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 342 and Article 331(1) of the Criminal Act (a) of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 342 and Article 331(1) of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 (a) of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 324 and Article 5-2 of the Criminal Act (Attempted Punishment, etc.