The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal, prior to the judgment on the grounds of appeal, the prosecutor examined the facts charged in the instant case ex officio, and the prosecutor applied for changes in the indictment with the content of "Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Articles 331(2), 329, and 342 of the Criminal Act" as "Articles 332, 329, 331(2), and 342 of the Criminal Act", and since this court changed the facts charged in the instant case into those subject to the judgment upon permission, the judgment of the court below was no longer maintained.

3. The judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal based on the conclusion of the judgment below, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is as follows: “The defendant is currently under the suspension of execution as of June 22, 2013 after being sentenced to a three-year suspension of execution for a special robbery at the Changwon District Court’s branch on November 8, 2012, which was sentenced to a three-year suspension of execution for a special robbery at the Changwon District Court’s branch on June 22, 2013,” and “1. A investigation report (the confirmation of facts during the suspended execution period of A)” is added in the summary of the evidence as of each corresponding column, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. In a case where a crime of habitual larceny, including habitual special larceny, habitual larceny, and attempted habitual larceny, is habitually repeated on the basis of the habitation of punishment for habitual special larceny, under Articles 332, 331(2) and (1), 329, and 342 of the Criminal Act regarding criminal facts, the statutory punishment among them is the most aggravated punishment in a case where the crime of special larceny, night-time robbery, larceny, larceny, attempted larceny, etc. is committed on the basis of the habition of punishment for habitual larceny.