The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. The decision of the court below on the gist of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. Before the judgment on the grounds of appeal by the Defendant’s ex officio, the prosecutor examined the following facts: (a) the facts charged of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the facts charged in the case No. 1 through (3) as stated in the judgment of the court below; (b) the criminal facts of “occupational Embezzlement” were changed as “the crime No. 2-A, (c)” in the name of the crime; and (c) the term “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)” in the name of the crime was changed as “the theft of habitual night buildings”; (b) the applicable law withdrawn “Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes; and (c) Article 329 of the Criminal Act” was added to “Article 332 of the Criminal Act”; and (c) the same was changed by the court to grant permission.

In this regard, the remaining crimes of the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act with the revised facts charged, and one punishment shall be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

Criminal facts

[criminal records] The defendant was sentenced to three years of imprisonment on March 23, 2004 for the same crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on November 4, 2004, and was sentenced to three years of imprisonment on September 16, 2007 for the same crime at the Changwon District Court on September 4, 2007, and the execution of the final sentence in Ansan Prison on July 16, 2012.