The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Victims of seized evidence 1 to 7 shall be victims.

1. The penalty (one year and six months of imprisonment) sentenced by the original court which has been sentenced to the summary of the reasons for appeal is too unreasonable;

2. Before determining the grounds for appeal by the defendant ex officio, the prosecutor added "Article 329 of the Criminal Act" to the applicable provisions of the Criminal Act in the appellate court prior to the decision on the commencement of the retrial, and the facts charged are as follows: (a) around June 22, 2010; (b) around 21:00, the defendant used a gap in the toilet in the victim H in the "Ip house" operated by the victim H in Southyangyang-si; (c) the victim was under the influence of the relevant accounting unit in the amount of KRW 1.7 million in the market price of the victim's possession; and (d) the defendant applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as "the Act on the Aggravated Punishment, etc. of Specific Crimes") with one hundred and seventy thousand won in cash, three credit cards such as one hundred thousand won in cash, one finger card, one hand, one hand, etc.; and (d) the court changed the provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to "the Act").

Since then, after the reversal and return, the prosecutor applied for the amendment of indictment with the name of the crime of habitual special larceny in the trial after the reversal and return, and the judgment of the court below is changed by the permission of this court, so the judgment of the court below cannot be maintained further.

2. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following is again decided after oral argument.

【Discied Judgment” in the reasoning of the lower judgment on the facts constituting a crime and the summary of evidence, where “the Defendant drinks from “Ip” operated by the victim H in Nam-si G around June 22, 2010, the victim took advantage of the gap in the toilet.