The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Summary of Grounds for Appeal

The punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

Before determining the defendant's assertion of unfair sentencing, the decision shall be made ex officio.

A prosecutor applied for the modification of a bill of indictment with the content that "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)" in the name of the crime in which the indictment was filed for the first time in the trial, and that "Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 32, 329, 330, and 342 of the Criminal Act)" is changed to "Article 332, 329, 332, and 342 of the Criminal Act" to "Article 332,

Therefore, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The main judgment of the court below is the same as the corresponding column of evidence.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense and Articles 332, 329, 330, and 342 of the Criminal Act that choose a punishment (limited to the cases of habitual night larceny and the cases of habitual larceny);

1. Article 35 of the Criminal Act among repeated crimes [Inasmuch as there exists a previous conviction in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which ends on May 26, 2014]

1. The reason for sentencing under Article 10(2) and Article 55(1)3 of the Criminal Act for mitigation of mental and physical illness, despite the fact that the Defendant had been punished for larceny or a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, on several occasions, committed the same kind of crime on May 26, 2014 before the execution of the sentence is terminated and the two months elapse, etc., which is disadvantageous to the Defendant; the Defendant is divided into and against all of the crimes; the victims partly recovered without wanting to punish the Defendant; and the amount of damage.