The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for three years.

The summary of the grounds for appeal (unfair punishment) is too unreasonable that the first instance court sentenced the accused (four years of imprisonment).

Before the judgment on the grounds for appeal by the defendant ex officio prior to the judgment on the grounds for appeal by authority, the prosecutor applied for changes to the name of the crime to "Habitual larceny" in the "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes," but in light of the criminal facts and the amended applicable provisions of law, this is deemed to be a clerical error in the "Habitual Night Residence Larceny", and thus, it is immediately correct as above." Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 330 and 329 of the Criminal Act are "Article 32, 330, and Article 329 of the Criminal Act" in the "Article 332, 330, and Article 329 of the Criminal Act". Since the court applied for changes to the name of the crime in question by permitting it, the judgment of the first instance cannot be maintained

In conclusion, the judgment of the first instance court is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's allegation of unfair sentencing, on the grounds of ex officio reversal as seen above.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are the same as stated in each corresponding column of the judgment of the court of first instance. Therefore, it is citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 32, 330 and 329 of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant committed the instant crime without being aware of the fact that he/she had been sentenced to imprisonment several times for the same crime, even though he/she had been sentenced to imprisonment, and has committed the instant crime. Therefore, it is necessary to impose a strict punishment corresponding thereto.