The judgment below

Of the defendants, the part of the defendant is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

except that this judgment.

1. Summary of grounds for appeal;

A. The Defendant was in a state of weak ability to discern things or make decisions at the time of each of the instant crimes due to cancer surgery, mental therapy, post-treatment, etc.

B. The sentence of unfair sentencing (one year and six months of imprisonment) by the court below is too unreasonable.

2. After remanding the case, the ex officio determination prosecutor applied for the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes with regard to the name of the defendant as "Habitual larceny" and the applicable provisions of the Act to "Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Articles 32 and 329 of the Criminal Act", and the court permitted the amendment, thereby changing the subject of the judgment.

This part of the judgment of the court below should be sentenced to a single punishment in relation to the remaining criminal facts and the concurrent crimes under the former part of Article 37 of the Criminal Act. Therefore, the judgment of the court below no longer can be maintained in this respect.

However, even if there are such reasons for ex officio reversal, the defendant's assertion of mental disability is still subject to the judgment of this court.

3. Although it is recognized that the Defendant’s mental and physical state unstable in determining mental and physical disability and is unable to properly memory at the time of the commission of the crime, in light of the background leading up to each of the instant crimes, details of the crime, Defendant’s attitude, and the circumstances before and after the commission of the crime, it is not recognized that the Defendant had the ability to discern things or make decisions due to mental illness.

This part of the defendant's assertion is without merit.

4. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as above. The judgment below is again decided as follows.

Criminal facts

Criminal facts recognized by this court shall be judged by the original judgment.