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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. The sentencing of the court below (three years of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal, prior to the judgment on the grounds for appeal, the prosecutor examined ex officio the name of the thief in the trial, and applied for changes in the indictment with respect to this part of the applicable provisions of this Act to "Habitual thief" and "Articles 32 and 329 of the Criminal Act", and the judgment of the court below is no longer maintained inasmuch as the subject of the judgment changes by granting permission
3. 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, on the ground of the above ex officio reversal, and the following decision is delivered through pleadings.
Criminal facts
On June 23, 2010, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Daejeon District Court's Support for the Acheon District on June 23, 2010, and on March 25, 2013, in addition to the completion of the enforcement of the sentence, the same
1. On June 16, 2013, between 17:00 to 19:00 on June 16, 2013, the Defendant habitually stolen: (a) enter the fixed land point through the auxiliary entrance opened by using the gaps of the victim’s own at the G land point in the operation of the victim F in Daejeon Dong-gu, Daejeon; (b) one hand-off of 40,000 won in the market price owned by the victim F; (c) three 10,00 won in the Agricultural Cooperative Product Rights; (d) three 10,00 won in the Agricultural Cooperative Product Rights; (e) one cell phone of 10,000 won in the market price; (e) one new card; (f) one bank cash card; (f) one bank transaction card; (f) one bank transaction card; and (f) one bank transaction card; (f) one bank transaction card; and (f) one bank transaction card; and (f) one deposit passbook 10,10000 won in the passbook,11.