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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below against the defendant (four years of imprisonment) is too unreasonable.
B. According to the evidence submitted by the prosecutor 1 of the facts-finding investigation, the court below found the Defendant not guilty of this part of the charges, although the fact-finding of the thief on the victim's O among the facts charged in this case was sufficiently recognized. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The sentence imposed by the court below
2. Determination
A. Prior to the judgment on the grounds of appeal by the Defendant and the prosecutor, the prosecutor was examined in the first instance trial. ① With respect to the thief crime against the victim’s property among the facts charged in the instant case, the date, time, place, method of the crime, and damaged articles, etc. of the instant case, the name of the instant crime was changed to “Habitual larceny and Intrusion of Residence” from “an application for changes to the contents identical to the stated facts” (Article 5-4(6) and (1), Article 330 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 5-4(1), Article 332 and Article 319(1) of the Criminal Act (Article 332 and Article 319(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and September 22, 2016) was changed to the court below’s approval.
3. Accordingly, the judgment of the court below is without examining the defendant and the prosecutor's assertion of unfair sentencing on the ground of the ground of ex officio reversal as above (the prosecutor's assertion of mistake of facts was modified as above, and the defendant recognized all of the crimes of this case including this part of the facts charged at the trial, and thus it is not separately determined).