The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

(2) the date of this judgment.

1. Summary of grounds for appeal;

A. According to the circumstances that the Defendant made a confession of all the facts charged in the instant case and the evidence submitted by the prosecutor, the fact that the market price of the precious metal that the Defendant stolen is equivalent to four million won can be acknowledged.

Nevertheless, the court below erred in finding a not guilty of the charges that stolen precious metals worth KRW 4 million at the market price by misunderstanding the facts.

B. The sentence sentenced by the lower court is too uneasible and unfair.

2. First, we examine the prosecutor’s assertion of mistake of facts.

Further to the Defendant’s legal statement at the appellate trial on the statement of the victim, the fact that the total market value of precious metal that the Defendant stolen is equivalent to KRW 4 million may be acknowledged.

We accept the prosecutor's assertion of mistake of facts.

3. Since the prosecutor’s assertion of mistake of facts was accepted, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act without examining the prosecutor’s unfair determination of the sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, except that the facts constituting the crime of the court below, "in the absence of market value" as "the market value of 4 million won", and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment for one year to ten years; and

2. Where he/she systematically shares the aggravated area (one year and six months to four years) of the aggravated area (one year and six years from any intrusion theft) of the types of general property in accordance with the sentencing guidelines.

3. The sentence was committed with co-offenders in a planned manner.