The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

1. Summary of grounds for appeal;

A. (1) The Defendant, who misleads Defendant (1) of the facts, committed a theft of one mobile phone at the time and place of the crime committed No. 3 per annum, as indicated in the judgment of the court below, and did not steals three mobile phones.

(2) The sentence of the lower court (one year and two months of imprisonment) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal.

In the facts charged in this case, the prosecutor applied for the permission of modification of a bill of amendment to the indictment with the purport of changing "the total market value of 3.57 million won over six times in total" to "the theft of the property equivalent to the total market value of 1.77 million won over a total of six times in total" and "the total market value of 2.7 million won in total" in No. 3 of the daily list of crimes in the annexed crime No. 3 as "the total market value of 3 mobile phones equivalent to the total market value of 900,000 won in the market value", and since this Court changed to the subject of the judgment, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed, and the following is again decided after pleading, without examining all the arguments of the defendant and the prosecutor, on the ground that the above reasoning is reversed ex officio.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is as follows: “The total market value of 3.57 million won in total is stolen and stolen property equivalent to the total market value of 1.770,000 won over six times in total”; “The total market value is 1.7 million won in total”;” No. 3 of the annexed crime list No. 3, “the total market value of 2.7 million won in total” is changed to “one cell phone equivalent to the market value of 90,000 won in total” (Article 369 of the Criminal Procedure Act). It is as stated in each corresponding column of the judgment of the court below (Article 369 of the Criminal Procedure Act).

1. Criminal facts;