The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

1. An ex officio decision-making prosecutor has reached the trial for the first time, and applied for changes in the indictment with respect to the charge of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes to "Habitual thief," and the applicable provisions of the law to "Articles 332 and 329 of the Criminal Act," and this court permitted this, thereby changing the subject of the trial. This part shall be sentenced to one punishment in relation to the remaining criminal facts as stated in the judgment of the court below and the concurrent crimes as defined in the former part of

2. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier, and the judgment below is reversed and it is again decided

Criminal facts

The main judgment of the court below is the same as the corresponding column of evidence.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense and Articles 332, 329, and 329 of the Criminal Act, Articles 334 (2) and (1), 333 of the Criminal Act, the choice of a limited term of imprisonment (the occupation of robbery and the selection of a limited term of imprisonment), Articles 333 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated offenders (limited to habitual larceny) and Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes (limited to the proviso to Article 42 of the Criminal Act in relation to special robbery);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the punishment heavier than the punishment shall be added to concurrent crimes within the limit of the proviso of Article 42 of the Criminal Act);

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment: Imprisonment with prison labor for up to 25 years;

2. Application of the sentencing criteria;

(a) The general standard for special robbery [the range of recommendations] falls under the category 2 (special robbery) and the basic area (3 to 6 years) (3 to 6 years), and there is no special person (a repeated crime) and the upper limit and lower limit of the scope of sentence are increased by 1.5 times each (4 to 6 years).

(b) Standards for handling multiple crimes shall be met;