The judgment of the court below is reversed.

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

The seizure of articles 7 through 7.

Summary of Grounds for Appeal

The sentence of the lower court (two years and nine months of imprisonment, confiscation) is too unreasonable.

Before the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor examined the first head of the charge against the defendant in this court, and the prosecutor added "the defendant was sentenced to four years of imprisonment with prison labor on April 9, 2015 due to habitual night, night, intrusion, larceny, etc. at the Gwangju High Court, which became final and conclusive on April 17, 2015." Article 37 and Article 39 (1) of the Criminal Act "in respect of applicable provisions of law, the defendant applied for the amendment of the indictment with additional contents", and the subject of the trial by this court was different, so the judgment of the court below is no longer maintained.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: addition of criminal records to the first head of the facts charged and the summary of the evidence as stated in the above 2. Paragraph 2.; and the summary of the evidence is as stated in the separate corresponding column of the original judgment except for addition of the defendant's statement at the trial and the defendant's statement at the trial and the judgment at the trial. Thus, it is cited as

However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, it shall be corrected that the "Seoul District Court Decision 2010 Godan1356 decided May 6, 2010" is added to the "Supreme Court Decision 2010 Godan1356 Decided May 6, 201

. Application of legislation

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The defendant's error in sentencing under Article 333 (1) of the Criminal Procedure Act for return of the victim is recognized.