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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. The summary of the grounds for appeal (three years of imprisonment) by the lower court is too unreasonable.
2. Prior to the judgment on the grounds of appeal by the defendant, the prosecutor examined ex officio prior to the judgment on the grounds of appeal by the defendant, and the prosecutor applied for the amendment of the indictment to add the facts stated in the [Attachment] No. 9, 10, 11 to the stolen facts constituting a part of the facts charged in the instant case, which constitute a single offense as a whole, to the facts charged in the instant case. The subject of the judgment of the court below as to the defendant
3. Accordingly, the court below's decision 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 it is again decided as follows.
Punishment of the crime
On February 22, 2007, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. and 2 years of suspended sentence. On October 12, 2007, the Seoul Southern District Court sentenced 1.5 million won of imprisonment with prison labor for larceny, etc. on May 21, 2008 and sentenced to 8 months of imprisonment with prison labor for larceny at the Cheongju District Court on August 21, 2008, and sentenced to 1 year of imprisonment with prison labor at the Seoul Central District Court on August 7, 2009; on November 26, 2009, the Defendant was sentenced to 2 months of imprisonment with prison labor and 4 months at the same court on November 26, 2009; on December 22, 2011, the Changwon District Court sentenced 2 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc., and completed the execution of the sentence on May 27, 2013.
The Defendant habitually, around 18:00 on July 2, 2013, was parked in the front of the Choyang-dong, Choyang-si, Choyang-si, Choyang-si, Choyang-si, and opened a c c blick door, and cut off a 3 million won of cash in the above bank and its inside, and then cut off a 3 million won of the victim D's DNA possession. This is as shown in the annexed crime list from around 17:00 on June 15, 2013 to around 10:25 on July 9, 2013.