The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was physically and physically in a state of mental weakness due to shock disorder.

B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. A. An ex officio judgment prosecutor changed the name of the crime from among the facts charged in the instant case into habitual larceny in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the thief) and the applicable provisions of the Act to “Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 35 of the Criminal Act” and applied provisions of the Act to “Articles 332, 329, and 35 of the Criminal Act,” respectively, and filed an application for changes in indictment with the purport that the name of the crime is reconcept into habitual larceny. Since this court permitted this, the judgment of the court below was no longer maintained.

However, despite the above reasons for reversal of authority, the defendant's argument of mental and physical weakness is still subject to a trial by this court, so this shall be examined differently.

B. The judgment of the court below on the Defendant’s assertion of mental and physical weakness was already made by the court below to the same effect as the Defendant alleged in this part, and the court below rejected the Defendant’s above assertion on the grounds as stated in its reasoning in “the judgment on the Defendant and his defense counsel’s assertion.” In light of the evidence duly adopted and examined by the court below and the attitude in the trial court of the Defendant, the above judgment of the court below is justified.

Therefore, the defendant's mental and physical weak argument is without merit.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.