The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.

2. The defendant's grounds for appeal ex officio are examined ex officio prior to the judgment.

In the trial court, the prosecutor applied for permission to change the name of the defendant and the applicable provisions of the law, and the subject of the trial was changed by this court's permission, so the judgment of the court below can no longer be maintained.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 332, 329, and 342 of the Criminal Act regarding criminal facts and Articles 332, 329, and 342 (General Provisions) of the Criminal Act regarding the selection of the punishment of imprisonment, and the Defendant’s deep reflection of the grounds for the sentencing of the punishment of imprisonment is considered as favorable to the Defendant. The crime of this case is planned as a theft or attempted theft of precious metal in an amount of 5,1430,00 won, which is habitually 24 times, and there is a significant number of times of the crime, and there is no significant number of times of the crime, such as the Defendant’s recovery of the victims’ damage or failure to receive a letter from the victims, the fact that the Defendant was sentenced to suspended sentence due to the larceny of the same Act against the victim is considered as unfavorable to the Defendant. In full view of all other circumstances, the sentencing conditions indicated in the records, such as the Defendant’s character and behavior, age, family relationship, motive, background, means and result of the crime, etc.