The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

A copy of seized cotton (No. Spanish, Spanish, Spanish).

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. Before the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the judgment of the court below was no longer maintained, since the prosecutor changed the name of the criminal defendant against the thief in the trial from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" to "Habitual night night larceny", and Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes "in the Act on the Aggravated Punishment, etc. of Specific Crimes, the applicable provisions of the Act have withdrawn and applied for the amendment of the indictment with additional contents, and the court

Therefore, 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 ex officio reversal, and it is again decided as follows.

Criminal facts

The substance of the evidence and the criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below in addition to changing the "1. Aggravated Punishment, etc. of Specific Crimes (Larceny)" of the 1. Aggravated Punishment, etc. of Specific Crimes to 1. Aggravated Punishment, etc. of Specific Crimes (Larceny) to 1.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 332, 330, and 329 of the Criminal Act concerning criminal facts, the choice of punishment (limited to cases of habitual night larceny) and Article 152 subparagraph 1 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Of concurrent crimes, Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act [the aggravated punishment shall be limited to the sum of the long-term punishments of the above two crimes) provided for in habitual, night and intrusion larceny, of which punishment is heavier;

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

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. Scope of applicable sentences under law: One month to 32 years; and

2. The sentencing criteria; and