The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Summary of Grounds for Appeal

The punishment sentenced by the court below to the defendant (three years of imprisonment) is too unreasonable.

Before making decisions on the grounds for appeal for ex officio judgment, this paper will examine ex officio.

A prosecutor filed an application for changes in indictment with regard to the name of the crime as "Habitual larceny" in the "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes," and the applicable provisions of Acts to "Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes," and Article 329 of the Criminal Act.

The judgment of the court is no longer maintained as the subject of the judgment was changed by this court's permission.

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds that the court below made an ex officio reversal as seen earlier.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 332 of the Criminal Act and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. The crime of this case for the reason of sentencing Article 35 of the Criminal Act among repeated offenders is the crime of theft by taking away the damaged articles that were contained in the wall box in hand by using the keys of the things that were contained in the swimming cell or destroying the locks of the things in hand.

Although the defendant has been punished for the same violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, he again commits the crime of this case during the repeated period, repeatedly commits a number of same types of larceny in a broad area over a long period, and did not recover from the victims properly.