The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for three years and for two years.

1. Summary of grounds for appeal;

A. Since Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes was deleted on January 6, 2016, the judgment below which convicted the Defendants by applying the above provision is erroneous in the misapprehension of legal principles.

B. The sentence of the lower court’s unfair sentencing (Defendant A: 3 years of imprisonment, Defendant B: 2) is too unreasonable.

2. Before determining the reasoning of the Defendants’ ex officio appeal, the prosecutor examined the Defendants’ name of the crime against each of the Defendants in the first instance, “Habitual special larceny”, and Article 5-4(5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342, 330, 331(2) and (1), 329, 35, and 48 of the Criminal Act, “Article 331(3) of the Criminal Act, Article 331(2) and (1), 331(1), 331(2), 331(1), 35, and 48(1) of the Criminal Act,” and Article 35(2) of the same Act, Article 5(3) of the same Act, Article 35, and Article 48(1) of the same Act, “The court,” which amended the provisions applicable to the Defendant B, to Article 5(2) and (3) of the Act, Article 5(1) of the Criminal Act,”.

Therefore, the part of the judgment of the court below against the Defendants cannot be maintained any more.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendants’ misunderstanding of the legal principles and the unfair argument of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1...