The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. The lower court convicted the Defendant by applying Article 5-4(1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010) whose effect was invalidated due to the Constitutional Court’s decision of unconstitutionality, as well as the part concerning the attempted crimes under Article 329 of the Criminal Act and Article 329 of the Criminal Act.

The judgment of the court below based on the legal provision retroactively null and void is erroneous in the misapprehension of legal principles, which affected the conclusion of judgment.

B. The Defendant had mental and physical loss or mental weakness at the time of committing the instant crime.

(c)

The punishment of the court below (three years of imprisonment) which is unfair in sentencing is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

A. The prosecutor of the amendment of the indictment in the case No. 257 of the first instance trial and the case No. 201, “Defendant A” applied for the amendment of the indictment and the name of the defendant for the amendment of the indictment with the following criminal facts as stated in “Habitual special larceny”, and applied legal provisions in “Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329, Article 331(2), and Article 342 of the Criminal Act” respectively in “Article 332, Article 331(2), and (1), Article 329, and Article 342 of the Criminal Act” in “Article 341(2), and Article 331(1), Article 329, and Article 342 of the Criminal Act are amended by this court’s permission and thus, the part of the judgment below against the defendant becomes no longer available.

B. According to the records on the latter part of Article 37 of the Criminal Act, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. on July 22, 2016 in the Daejeon District Court’s astronomical Branch of the Daejeon District Court for the following reasons: (a) on August 2, 2016, and the judgment became final and conclusive on August 2, 2016; (b) the instant crime and special larceny, etc. for which the said judgment became final and conclusive, are the concurrent crimes of the latter part of Article