The judgment of the court below is reversed.

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

one colored verification color (Evidence No. 1), .

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months of imprisonment) is deemed to be too unhued and unfair.

2. To consider ex officio prior to a judgment on the grounds for appeal on the market.

On the date of the fourth public trial of the appellate court, the prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes to "Habitual Larceny" among the names of the defendants, and "Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330, 329, and 342 of the Criminal Act" in the applicable provisions of the law, "Article 332, 330, 329, and 342 of the Criminal Act," and the amendment of the Act was changed to "Articles 332, 339, 329, and 342 of the Criminal Act."

Therefore, the judgment of the court below that found the above criminal facts and the concurrent crimes under the former part of Article 37 of the Criminal Act guilty and sentenced a single punishment cannot be maintained any more.

3. As such, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows after pleading.

[Grounds] The criminal facts and the summary of evidence of the facts constituting the crime and the summary of the evidence are as follows: (a) except that the “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)” of the second instance judgment (i.e., habitual night night intrusion theft) is deemed to be “Habitual intrusion theft”; and (b) the “Habitual” of the second instance judgment is deemed to be “Habitual” under Article 17 of the Act on the Aggravated Punishment, etc. of Specific Crimes as stated in the corresponding column of the lower judgment, and thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 332, 330, 329, and 342 of the Criminal Act (only applicable to the theft of habitual residence at night, and also applicable thereto) concerning the crime (a fraud point, and a choice of imprisonment with prison labor)

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

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be heavier).