The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Although the court below found the defendant guilty of habitual larceny, there is an error of law by misunderstanding the legal principles as to "Habitual Larceny," which affected the conclusion of the judgment.

B. The sentence of the lower court against the Defendant of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Before determining the Defendant’s assertion of misapprehension of the legal principles ex officio, the Prosecutor deleted the part of “Habitual” among the original facts charged at the trial, and applied for amendment of the indictment to “Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act” in the column of applicable provisions of the Act, “Articles 329, 37, and 38 of the Criminal Act,” and the subject of the judgment is changed by this court’s permission. Thus, the lower court’s judgment was no longer maintained.

3. Therefore, 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 misapprehension of legal principles and the argument of unreasonable sentencing, and the judgment below is reversed, and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is to be cited in accordance with Article 369 of the Criminal Procedure Act, except for the deletion of “Habitual” among the facts constituting an offense in the original judgment.

Application of Statutes

1. Relevant Articles 329 and 329 of the Criminal Act concerning criminal facts and the choice of punishment, respectively, and Articles 329 and 329 of the Criminal Act (the point of attempted larceny and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (including favorable circumstances, etc. described in the grounds for the suspended sentence);

1. Probation and community service order under Article 62-2 (1), the main sentence of Article 62-2 (2) of the Criminal Act;