The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (two years and six months of imprisonment) is too unreasonable.

2. Examining ex officio prior to the judgment on the grounds for appeal of the judgment, the prosecutor applied for permission of changes in indictment to the effect that the existing facts charged was changed as in the attached Form “the details of changes in indictment” at the second trial date of the first trial of the court, and since the court permitted the changes, the judgment of the court below cannot be maintained any more.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is again ruled as follows after pleading.

[Re-written judgment] The criminal facts acknowledged by this court are identical to the corresponding column of the judgment of the court below in addition to partially changing the criminal facts as shown in the attached Form 369 of the Criminal Procedure Act. Thus, the criminal facts are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The summary of the evidence recognized by this Court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 331(1), and 342 of the Criminal Act (including habitual larceny) concerning criminal facts, and Article 360(1) of the Criminal Act (a) of the same Act (the crime of embezzlement of stolen articles, the choice of imprisonment with labor)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes within the limits of the proviso of Article 42 of the Criminal Act with respect to the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes of which punishment is the largest];

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the grounds for sentencing) are recognized by all of the Defendant’s mistake, and some of the crimes are committed.