The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too heavy.

2. In the facts charged at the trial of the party, the part of the indictment stating that “A prosecutor habitually steals the cash amounting to KRW 1,869,000 from that time to February 27, 2018,” which read, “from that time to April 7, 2018, he habitually stolen the cash amounting to KRW 2,084,00,000, in total, seven times as shown in the list of crimes in the annexed sheet of crimes,” the prosecutor applied for amendments to the indictment with the content that the previous list of crimes was changed to the list of crimes in four pages of the judgment. This Court permitted this.

Therefore, the judgment of the court below can no longer be maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the following judgment is delivered through pleadings.

[Re-written judgment] The criminal facts acknowledged by this Court constitute a crime under Section 2-8 of the lower judgment. The part of the lower court’s judgment’s judgment stating that “The amount of cash equivalent to KRW 1,869,000 has been habitually stolen on six occasions, such as the list of crimes in the attached Table from around that time to February 27, 2018.” The portion of “one thousand eight thousand to April 7, 2018.” The cash amounting to KRW 2,084,000 was habitually stolen on seven occasions in total, such as the list of crimes in the attached Table from that time to April 7, 2018.” On the ground that the daily list of crimes in Section 4 of the lower judgment is identical to the corresponding column of the lower judgment except for the alteration to the list of crimes in Section 4 of the judgment. Therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Summary of Evidence

The gist of the evidence of the above crime is as follows: (a) except for the addition of “the police statement of January Y” to the “a summary of the evidence” of the lower judgment, it is identical to the corresponding column of the lower judgment; and (b) thereby, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.