The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for six years.

Seized straw. Mack.

1. The punishment sentenced by the first instance court to the accused (five years of imprisonment and confiscation) shall be too unlimited and unfair;

2. Before the judgment on the grounds of appeal by the defendant ex officio prior to the judgment on the grounds of appeal by authority, the prosecutor applied for changes in the name of the defendant to "Habitual larceny" in the "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes," while the defendant applied for changes in the name of the crime to "Habitual larceny" in the "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. However, in light of the criminal facts and the amended applicable provisions of Acts, this is deemed to be a clerical error in the "Habitual Special Theft", and thus, it is immediately correct as above." The applicable provisions of Acts are "Articles 5-4 (6) and (1), 330, 331 (1) and (2), and 342 of the Criminal Act" in "Articles 32, 330, 331 (1), (2), and 342 of the Criminal Act, and the judgment of the first instance court was changed by granting permission.

3. If so, the judgment of the court of first instance is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court of first instance is reversed under Article 364(2) of the Criminal Procedure Act and is again decided as follows

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are the same as stated in each corresponding column of the judgment of the court of first instance, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 332, 330, 331(1) and (2), and 342 of the Criminal Act applicable to a crime [In general, punishment for habitual special larceny (see, e.g., Supreme Court Decision 75Do1184, May 27, 1975)]

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The crime of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act is larceny.