The judgment of the court below is reversed.

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

Seized one sheet of 10,000 Won (No. 10).

1. Summary of the prosecutor's grounds for appeal;

A. Of the crime of habitual larceny of this case, the Defendant’s interrogation protocol of the police officer cannot be withdrawn any more after the Defendant consented to the evidence and the examination of evidence is completed. However, the lower court erred by misapprehending the legal doctrine as to the time of withdrawal of the consent, thereby denying the admissibility of evidence of the police interrogation protocol, and in light of the circumstances acknowledged by the record, even if the police interrogation protocol of this case was not established, it erred by misapprehending the fact that the Defendant was fully convicted of the charge of the crime of this case, thereby not guilty.

B. The sentence imposed by the lower court (three years and four months of imprisonment) is too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in the contents of “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes” among the names of the crimes committed in the first instance, and “Articles 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes,” and “Articles 32, 329, 331(1), and 342 of the Criminal Act,” respectively, to “Articles 332, 329, 331(1), and 342 of the Criminal Act,” and the judgment of the court below cannot be maintained as it is, since the judgment was changed by this court

However, despite the amendment of indictment above, the prosecutor's assertion of mistake or misapprehension of legal principles related to the crime of Paragraph (1) of this case is still subject to the judgment of this court, and this is also examined.

3. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principles

A. The Defendant is a summary of the facts charged regarding the instant crime under paragraph (1).