The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years of imprisonment.

Summary of Grounds for Appeal

The punishment of the court below (two years and six months of imprisonment) is too unreasonable.

Judgment

Before the judgment on the grounds for appeal by the defendant was made ex officio prior to the judgment on the grounds for appeal by the court, the prosecutor changed the name of the defendant to "Habitual larceny" from "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes," and "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" from "Violation of the Aggravated Punishment, etc. of Specific Crimes" to "Habitual Theft", and "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes," in Article 5-4 (1) of the facts charged, Articles 32-9 and 347 (1) of the Criminal Act, Articles 70 (1) 3 of the Specialized Credit Finance Business Act, Articles 32, 329, 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act, Articles 35, 37, and 38 of the Criminal Act, and since the court's amendment of the indictment against the defendant becomes no longer possible.

Therefore, 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 judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts constituting a crime and the summary of evidence admitted by the court are as follows: (a) except to change the "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)" under paragraph (1) to the "Habitual thief" under Article 369 of the Criminal Procedure Act, since all of the judgment of the court below

Application of Statutes

1. Relevant Articles 332 and 329 of the Criminal Act concerning criminal facts (generally, larceny and choice of imprisonment), Article 347(1) of the Criminal Act (Fraud and choice of imprisonment), and Article 70(1)3 of the Specialized Credit Finance Business Act (Specialized Credit Finance Business Act).