The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. In the first instance trial, the public prosecutor’s ex officio determination is based on the name of the crime charged as “thief” under Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act as “Articles 329 and 35 of the Criminal Act” under Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the same Act as “special larceny” under Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 5-4(2) and (1) of the applicable Act as “Article 31 of the Criminal Act, Article 35(2)1 of the Criminal Act, and Article 37(1) of the Criminal Act,” and Article 35(3) of the same Act as “the person subject to amendment to the indictment by modifying the applicable Act as “the person subject to amendment to the indictment.”

The judgment below

Among them, the part against the defendant can no longer be maintained in this respect.

3. The part of the judgment of the court below regarding the defendant is reversed ex officio as above. Thus, without examining the defendant's unfair argument of sentencing, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed and it is again decided as follows.

Criminal facts

Criminal facts and the summary of evidence against the defendant recognized by this court shall be as stated in each corresponding column of the original judgment.

In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.

Application of Statutes

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense, and Article 329 of the choice of punishment (abstinence, choice of imprisonment), Article 331 (2) and Article 331 (1) of the Criminal Act (abstinence of special larceny);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment and punishment for concurrent crimes prescribed by special larceny of persons on May 28, 2017), which is the most severe;

1. Reduction of a small amount;