The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The sentencing of the court below (two years and six months of imprisonment) is too unreasonable.

2. An ex officio determination prosecutor filed an application for the amendment of an indictment with regard to the partial violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) to change the name of the crime to “special property damage” and “Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act” from “Articles 369(1) and 366 of the Criminal Act,” and “Articles 369(1) and 366 of the Criminal Act,” and the judgment of the court below should no longer be maintained since the above amendment of an indictment was

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for ex officio reversal, and the following decision is made through pleadings.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 332, 331(2) and (1), 329, and 342 of the Criminal Act concerning criminal facts (including habitual special larceny, inclusive), Article 347(1) of the Criminal Act (a) of the Criminal Act, Article 369(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act concerning criminal facts;

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

1. Reasons for sentencing from among concurrent crimes, Article 37 (former part), Articles 38 (1) 2 and 50 (Aggravation of concurrent crimes with punishment determined for the severe habitual larceny) of the Criminal Act;

1. In light of the fact that the crime of this case is habitually stolen or attempted, and that the crime of this case is committed during the period of repeated crimes, and that there is no agreement with the victims, it is necessary to strictly punish the defendant and sentence is inevitable.

2. Meanwhile, the Defendant committed an offense.