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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
1. The sentence imposed by the court below (five years of imprisonment) in light of various sentencing conditions in the instant case’s summary of the grounds for appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
First, according to the evidence duly adopted and examined by the court below, one copy (No. 10), two copies (No. 5,000 won for cultural products, 10,00 won for agricultural products, one copy (No. 14), one copy (No. 15), one copy (No. 16), and four copies (No. 16) for transportation cards in Daegu Metropolitan City, Daegu Metropolitan City, are not acquired as consideration by disposing of stolen goods or stolen goods acquired through the theft of this case. It is not clear that the court below’s seizure of this case’s 64 copies (No. 6), one hundred and forty copies (No. 7), one hundred and forty (No. 7), one hundred and forty (No. 8), one hundred and forty (No. 1,000) for the Bank of Korea, and one (No. 18,000) for the victim’s name and one (No. 18,000) for the following reasons.
Nevertheless, the lower court erred by returning each of the above confiscated materials to the victim’s name unrefford.
In addition, the prosecutor changed the name of the crime from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes to "Habitual thief", and withdrawn "Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" among the applicable provisions of the Act, applied for the amendment of indictment with the addition of Article 332 of the Criminal Act, and the court permitted it
In this respect, the judgment of the court below is no longer maintained.
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