The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

All applications for compensation order filed by the applicant for compensation.

1. The main point of the grounds for appeal is that the court below's imprisonment (one year of imprisonment) is too unfied and unreasonable.

2. In the case of the judgment of the court below No. 2013Da4217, the prosecutor ex officio made an application for changes in the indictment to exchange the facts charged with the following facts charged, and the subject of the trial was changed by this court by allowing the court to do so. The phrase “special larceny” in the case of the judgment below No. 2013Da4217, and Article 331(2) and (1) of the Criminal Act, “Article 342 of the Criminal Act and Article 331(2) of the Criminal Act”.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court below was changed to “special larceny and attempted special larceny” among the facts charged in the case No. 2017 of the judgment below. The facts charged in the whole of the above paragraph (2) were changed to “special larceny and attempted special larceny.” The defendant and F intended to steal or steals property equivalent to the total market value of KRW 9,037,00 in total by the following methods seven times from May 31, 2013: (a) up to 14:30,000; and (b) two gold bars equivalent to the total market value of KRW 1,40,000 in the inside cremation house of the victim H located in the place; and (c) up to 14:30 on May 31, 2013; and (d) altered to “the victim’s property” or “the victim’s attempted to commit an attempted larceny” in the case, thereby altering to “the victim’s property or attempted to commit an attempted larceny.”