The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. The sentence imposed by the court below (three years and six months of imprisonment) is too unhued and unreasonable.

2. An ex officio determination prosecutor changed the codes Nos. 1, 2, 3, and (4) from among the previous facts charged into Articles 2, 3, 4, and (5) of the former facts charged, and the following [Article 1 of the Criminal Facts Act] was added to the facts charged, and an application for permission for modification of an indictment was filed by the court to change the "in five times" in the last sentence of paragraph (5) of the revised facts charged into "in five times." Since this court permitted this and changed into the subject of the adjudication, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The facts constituting an offense acknowledged by this court are modified under Articles 1, 2, 3, and 4 of the Criminal Procedure Act, respectively, and Article 2, 3, 4, and 5 of the Criminal Procedure Act, and Article 369 of the Criminal Procedure Act is also cited, except for the following: (a) addition to the facts constituting an offense; (b) addition to the contents of the following [Article 1 of the Criminal Act]; and (c) amendment to the last sentence of Paragraph (5) of the revised facts constituting an offense to five times, as stated in the column of the original judgment.

[1. On April 25, 201, 201, at the “X” restaurant operated by the injured party W in Eunpyeong-gu Seoul Metropolitan Government, on April 25, 201, the summary of the evidence of the above crime is below the summary of the evidence of the court below. The summary of the evidence of the evidence is that the court below acknowledged the above crime as follows: (a) at the “X” restaurant operated by the injured party W, on April 21, 201, 60,000 won in cash from the handbag, which was placed under the above restaurant in the main room by using the gaps in which the injured party cooked food in the main room; (b) one credit card bank in Korea; and (c) one physical card; and (d) two plastic bags.