2. We examine ex officio the defendant's grounds for appeal prior to judgment.

The prosecutor filed a motion to change the name of the crime and the applicable legal provisions in exchange for the purpose of the trial, and the subject of the trial is changed by the permission of this court, so the part against the defendant among the remaining parts of the judgment of the court below, except the dismissed part of the application for compensation, cannot be maintained

3. As such, the part on the defendant among the remaining parts of the judgment of the court below, excluding the rejection of the application for compensation, is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Since both the facts of the crime and the summary of the evidence recognized by the court, the facts of the crime and the summary of the evidence are as stated in the judgment of the court below, they are cited as they are in accordance with Article

Application of Statutes

1. Relevant legal provisions concerning facts of crime, Articles 332, 329, and 342 (including points of habitual larceny and attempted habitual larceny) of the Criminal Act, and choice of imprisonment with prison labor;

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

3. Article 48 (1) 1 of the Criminal Act to be confiscated;

4. Article 333 (1) of the Criminal Procedure Act for return;

5. The defendant's compensation liability scope is not clear and the defendant's compensation liability scope is not clear and it is not reasonable to issue an order for compensation in criminal proceedings, such as agreement between the defendant B and the applicant for compensation, etc.) among the charges against the defendant of non-guilty portion, as stipulated in Articles 33(4), 32(1)3, and 25(3)3 of the Act on Special Cases concerning the Cancellation of Compensation Order and Promotion, etc. of Legal Proceedings for Dismissal of Application.