The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

one (Evidence No. 1), cut, and cut off seized nets.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) is too unreasonable.

2. In the judgment of the court ex officio, the crime’s name in the case of “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)” is “even-time structure intrusion larceny” and “special larceny” under the applicable law, “Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 330, 331, 335, 37, and 38 of the Criminal Act,” and “Articles 330, 331(1), 35, 37, and 38 of the Criminal Act,” and the part of the criminal records in the facts charged was sentenced to imprisonment with prison labor from Gangnam District Court Branch on July 3, 2015 to be habitually special larceny, and thus, the court changed the same criminal records to that of Gwangju District Court on November 21, 2016.”

Therefore, the judgment of the court below is no longer maintained.

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

[Judgment used again] The summary of the facts constituting a crime and evidence admitted by this court is identical to each corresponding column of the judgment below, except for the following changes: “The defendant was sentenced to one year and six months from July 3, 2015 to imprisonment with prison labor for habitual special larceny at the Gangnam Branch of the Chuncheon District Court on July 3, 2015, and completed the execution of the sentence at the Gwangju Prison on November 21, 2016,” and thus, the summary of the facts constituting a crime and the evidence admitted by this court is cited pursuant to Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 330 of the Criminal Act in relation to the facts constituting an offense (the point of larceny of a structure at night) and Article 331 (1) of the Criminal Act (the point of larceny of a structure at night);

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

1. The former part of Article 37 of the Criminal Code, and Article 38.