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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The sentence of the original court (one year of imprisonment) shall be too unreasonable as to the summary of the grounds for appeal.
2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined the case at the trial, and the prosecutor applied for amendments to the indictment of habitual larceny of this case to add one bicycle, which is the market price of the victim who was not the victim's name, and was installed in the public toilet located in Yongsan-gu Seoul, Yongsan-gu, Seoul at around 10:0 on June 25, 2015, in front of the public toilet located in 40:56, a crepit of surveillance was neglected. Accordingly, the defendant applied for amendments to the indictment to add "the defendant habitually stolen another's property." This is subject to the judgment by this court, and therefore the judgment below is no longer maintained.
3. The judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.
[C] The criminal facts and the summary of the evidence admitted by the court are as follows. The criminal facts and the summary of the evidence are as follows: "humping" in Section 10 of the judgment of the court below in Section 2; and Section 14 in Section 2 of the judgment of the court below, "The defendant habitually stolen another's property" in Section 14 of the judgment of the court below. "3. around 10:00 on June 25, 2015, the defendant was in front of the public toilets located in 40 - 56, as it was recorded in Yongsan-gu, Seoul, Yongsan-gu, Seoul, in advance, about 40 - as it was recorded in the public toilets located in 56 -, as it was recorded in the public toilets located in Yongsan-gu, Yongsan-gu, Seoul, and one bicycle who was installed in the victim's name unclaimed victim's market area. Accordingly, the defendant was habitually stolen."
1. A report on seizure and a list of seizure dated June 27, 2015;
1. Except for the addition of seized objects, entry in the corresponding column of the lower judgment shall be as follows;