The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) of the lower court is too unreasonable.

Although the Defendant asserted a mistake of facts in the statement of grounds for appeal submitted within the deadline for submitting the statement of grounds for appeal, the Defendant withdrawn a mistake of facts on the first trial date.

2. Ex officio determination of ex officio, the statutory penalty for the crime of special larceny is imprisonment with prison labor for not less than one year but not more than ten years pursuant to Article 331(2) and (1) of the Criminal Act. Thus, if the lower court intended to sentence the Defendant for a period of less than one year, it should be mitigated in accordance with Articles 53 and 55(1)3 of the Criminal Act.

However, the lower court, without discretionary mitigation, sentenced the Defendant to six months of imprisonment without prison labor, erred by sentencing a sentence lower than the minimum statutory penalty.

Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment, and the judgment of the court below is no longer maintained.

3. In conclusion, the court below reversed the part of the judgment below against the defendant under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and decided as follows through pleading.

【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act and Articles 329, 30 of the Criminal Act, and Article 331 (2) and (1) of the Criminal Act, which are applicable to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the instant crime is committed in collusion with or jointly with the Defendant, thereby holding the victim’s property on two occasions.