The judgment of the court below is reversed.

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

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Examining ex officio prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor changed the facts charged of the instant case’s [the facts of crime] to “humping,” and thereby, the Defendant changed to “humping property habitually,” and deleted “Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes” from among applicable provisions of law, thereby filing an application for changes in the indictment with Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is a provision for the aggravated punishment of repeated larceny, which is the initial provision for repeated larceny, which is a provision for the aggravated punishment for repeated larceny, and the lower court changed to the subject of judgment by permitting it, and thus the lower court cannot no longer maintain.

3. Accordingly, 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, and the judgment below is reversed and it is decided as follows.

Criminal facts

The summary of the facts and evidence acknowledged by this court is as follows: (a) Item 5 of Paragraph (1) of Article 36 of the Criminal Procedure Act provides that “In response to the fact of a crime committed by the court below, a theft was committed”; and (b) the Defendant habitually stolen property; and (c) it is identical to the description of each corresponding column of the court below, except for the change to “the Defendant habitually stolen property.”

Application of Statutes

1. Relevant Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, and each specialized credit financial business.