The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and three years and six months) of the lower court’s sentence is too unreasonable.

2. An ex officio determination prosecutor added “the crime of theft committed on February 16, 2013” to the crime column under the previous facts charged, and applied for changes in the previous facts charged that “the Defendant habitually stolen another’s property four times,” which read “The Defendant habitually stolen another’s property on five occasions,” and the subject of the judgment was changed by this court’s permission. As such, the lower judgment was no longer maintained.

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 of the above reasons for reversal of authority, and it is again decided as follows.

Criminal facts

The facts constituting the crime acknowledged by this court are added to the facts constituting the crime of the lower judgment, and the part of the facts constituting the crime of the lower judgment, stating that “The Defendant habitually stolen another person’s property four times in a habitual manner,” is changed to that of “the Defendant habitually stolen another person’s property over five times,” as stated in the criminal records of the lower judgment, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

E. On February 16, 2013, the Defendant committed theft on February 16, 2013: (a) around the 14:28, 2013, in the electric car of subway No. 2 located in Dobong-dong, Seoul Special Metropolitan City, via the subway No. 144, the Defendant 200,000 won of the market price, which includes the subway No. 14, 11 gift certificates, credit cards, etc., with access to other victims S, opened a gun with the victim’s bank and put the hand in the hand; and (b) took 20,000,000 won of the market price.