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The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.
2. In this court’s ex officio determination, the prosecutor changed the facts charged as stated in the following “criminal facts” and applied for amendment of the indictment to “Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes” and “Article 329 of the Criminal Act” among applicable provisions of the Act, and Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act. Since the same is changed by the court’s permission, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
[Reasons for the judgment of the court] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as follows. Of the judgment of the court below, the part of the "criminal facts" in the part of the "criminal facts" (the part 2.10,11 of the judgment of the court below) that "A defendant was habitually sentenced to imprisonment with prison labor for three or more times by larceny, etc., and the victim's property was stolen for eight times during the period of repeated crimes for three years or less after the execution of the sentence was completed.
In the court below, the prosecutor was indicted by applying Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, but this court changed the applicable provisions of Acts to Article 5-4(5)1 of the same Act, and omitted the former part of Article 37 of the Criminal Act concerning substantive concurrent crimes.
Recognizing the facts charged that was modified in the trial of the political party, only the legal evaluation of the number of crimes is supplemented.