The judgment of the court below is reversed.

The punishment of the accused shall be eight months by imprisonment.

1. Summary of grounds for appeal;

A. In light of the legal principles, the crime of this case was committed with the Defendant’s remaining contingent and difficult to maintain his livelihood, and thus, it cannot be seen as the creation of theft habits. However, the lower court convicted the Defendant by misapprehending the legal doctrine on habituality, thereby convicting the Defendant.

B. The sentencing of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant of the modification of indictment, the prosecutor examined the case ex officio prior to the judgment on the grounds for appeal by the defendant of the modification of indictment, and the prosecutor changed the name of the crime of this case from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes to "thief", "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 329 of the Criminal Act" into "Article 329 of the Criminal Act and Articles 37 and 38 of the Criminal Act", and applied for permission for the modification of indictment to delete "Habitually" under Article 3 (3) 4 of the Criminal Act, and

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant on the ground of ex officio reversal.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by the court is to be cited in accordance with Article 369 of the Criminal Procedure Act, except where the facts constituting a crime and the summary of the evidence are deleted "Habitual" as stated in paragraph (3) 4 of the facts constituting a crime as stated in the judgment of the court below, and the summary of the evidence is to be deleted as stated in the summary of the evidence.

Application of Statutes

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the defendant's mistake is recognized in sentencing reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act.