The judgment below

The part against the defendant shall be reversed.

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

The main point of the grounds for appeal is that the sentence of the lower court (two years and six months of imprisonment, and confiscation) is too unreasonable.

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

In the first instance trial, the prosecutor deleted "a habitual special larceny, habitual larceny, and habitual larceny" from among the names of the crimes, and applied for changes in the indictment by adding some of the facts charged against the defendant as follows. This court permitted this, which led to the change in the subject of the judgment, the judgment of the court below can no longer be maintained.

Therefore, the judgment of the court below is reversed ex officio, and the facts charged partially added in the trial of the court below are related to the crime of the court below and a single punishment. Thus, without examining the defendant's unfair argument of sentencing, the part of the judgment below against the defendant among the judgment below is reversed and it is again decided as follows.

Criminal facts

[criminal record] On October 19, 2009, the Defendant was sentenced to juvenile protection disposition by a branch office of the Gwangju District Public Prosecutor's Office as a special larceny, on December 22, 2010, and was sentenced to juvenile protection disposition by the branch office of the Gwangju District Public Prosecutor's Office as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on August 16, 2012, on August 16, 2012, the Defendant was sentenced to imprisonment for a maximum term of three years and a short term of two years, and completed the execution of the sentence at Kimcheon Juvenile's Branch on April 15, 2015.

[2] On June 19, 2015, the Defendant entered a house with a 50,000 won in cash owned by the said victim and stolen it from the time to August 7, 2015, as shown in the separate crime list 1, in total, 7,350,00 won, as shown in the separate crime list 1.