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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The lower court’s punishment (one year and six months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
A. The additional prosecutor of the ancillary facts charged at the trial, while maintaining the original facts charged as the primary facts charged, applied for the amendment of indictment to add the ancillary facts charged with occupational embezzlement as stated in the facts charged at the trial, and this court permitted it, thereby changing the subject of the judgment.
B. Judgment as to the primary facts charged (1) is that the defendant was subject to juvenile protective disposition at the Seoul Eastern District Prosecutors' Office on July 21, 1979 as a special larceny; on June 12, 1981, two years and less; on September 9, 1986, one year and more; on March 5, 1987, six months of imprisonment with prison labor for special larceny at the Sungwon District Court's Sungnam Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's Branch's 10 years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, 16 years and 20 years of imprisonment with prison labor for the victim's Branch's Branch's.