The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The sentence of the court below (one year and six months of imprisonment, two years of suspended execution) on the gist of the grounds of appeal is too unfased and unreasonable.

2. The Defendant recognizes and reflects a crime.

For the victims, each KRW 200,000 is deposited for the victims, and the victims do not want to be punished any longer.

Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was originally applied to the charged facts of this case, was changed to a habitual larceny under the Criminal Act where the Constitutional Court's decision on the unconstitutionality of Article 329 of the Criminal Act and the attempts thereof was made.

There are no circumstances that can be considered as such.

However, the defendant had five criminal records of the same theft, and even three criminal records have been committed, he/she again committed the crime of this case.

Of the facts charged in this case, the co-defendant A, who committed the crime of Article 331 of the Criminal Act, which does not apply the above unconstitutionality decision, was sentenced to imprisonment with prison labor for habitual special larceny and possession and embezzlement of possession, in the judgment subject to a retrial, and is currently serving a prison term of more than one year

Rather, even though the defendant committed habitual larceny in addition to the defendant A's habitual larceny, the retrial was initiated as the decision of unconstitutionality was applied to the above habitual larceny.

In addition, in full view of all other circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, it is unfair that the sentence of the lower court is too uneased and thus, the prosecutor’s assertion is with merit.

3. According to the conclusion, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the evidence and facts constituting the offense of the defendant and the summary of such evidence recognized by the court shall be corresponding to each of the judgment below.