The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. A prosecutor ex officio makes an application for amendment to a bill of amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes, among the names of the crimes in the case of this case, the Act on the Aggravated Punishment, etc. of Specific Crimes was applied for a habitual thief, and Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes was applied for a revision of the indictment, respectively, under Article 332 of the Criminal Act, and

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds that the court below made an ex officio reversal as seen earlier, and the following decision is again rendered

[다시 쓰는 판결] 범죄사실 및 증거의 요지 이 법원이 인정하는 범죄사실 및 그에 대한 증거의 요지는 원심판결 범죄사실의 별지 범죄일람표를 이 판결에 첨부된 별지 범죄일람표로 대체하고(굵은 이탤릭체로 표시된 부분이 공소장 기재 오기를 수정한 부분이다), 증거의 요지 중 「1. 피고인의 일부 법정진술」을 「1. 피고인의 이 법정에서의 진술」로 고치는 외에는 원심판결 해당란 기재와 같으므로 형사소송법 제369조에 따라 이를 그대로 인용한다.

Application of Statutes

1. Relevant Article 332 of the Criminal Act, Articles 329 and 342 of the Criminal Act, Articles 329 and 342 of the Criminal Act, and Article 347-2 of the Criminal Act for each of the crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the severe punishment and concurrent crimes committed by using computers, etc. as of November 19, 2014), among concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act;