The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years and six months of imprisonment.

Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which applies to the instant crime, was found to have been unconstitutional by the Constitutional Court, and the sentence of the lower court (three years of imprisonment) is too unreasonable.

Judgment

Before the judgment on the grounds for appeal by the defendant was made ex officio, the prosecutor changed the "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" from among the names of the crimes against the defendant to "Habitual special larceny" in the trial after the commencement of the retrial, and in the applicable law, the prosecutor applied for amendments to the indictment under Articles 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 32, 329, 331 (2), and 342 of the Criminal Act, "B" under Article 332, 329, 331 (2), and 342 of the Criminal Act, "B," and the judgment of the court was changed to that effect, and thus the judgment of the court below cannot be maintained further.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 332, 329, 331(2), and 342 of the Criminal Act (including habitually special larceny; hereinafter the same shall apply), Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 366 of the Criminal Act; Article 366 of the Criminal Act; Article 347(1) of the Criminal Act; Article 70(1)3 (a) of the Act on the Punishment of Violences, Etc. (Amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply); Article 366 of the Criminal Act; Article 347 of the Criminal Act; Article 347(1) (the selection of property damage and imprisonment with prison labor); Article 70(1)3 (the use of stolen cards; hereinafter the same shall apply) of the Act on Credit Business.