The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

2. The prosecutor applied for the amendment of a bill of amendment to the Act on the Aggravated Punishment, etc. of Specific Crimes to the effect that the name of the crime in this case is habitually stolen from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" in the applicable provisions of this case to "Article 332 of the Criminal Act". Since

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 332 and 329 of the Criminal Act, Articles 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 257 (1) of the Criminal Act, the choice of imprisonment for each of the types of punishment;

2. Article 35 of the Criminal Act among repeated crimes;

3. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (up to the period of concurrent crimes with punishment prescribed by habitual larceny with the largest punishment) are the accused of the crime of this case. In the appellate trial, the defendant was punished eight times by the crime of larceny (including six times by actual punishment) and four times by the crime of robbery (including one time by actual punishment and one time by suspension of execution of imprisonment), and the defendant was punished several times by traffic-related crimes.