We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for not less than one year and six months.

Summary of Grounds for Appeal

The prosecutor asserts that the first instance court’s imprisonment (ten months of imprisonment, three years of suspended execution, three years of probation, community service work, 120 hours) is unhutiled, and the Defendant asserts that the second instance court’s imprisonment (one year and six months of imprisonment) is unreasonable.

In the trial of ex officio determination, each appeal case against the judgment below was combined, and the prosecutor added "the defendant habitually stolen the victims' property" at the end of the judgment of the court of first instance at the court of first instance to "a thief", "a thief" to "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes", and "Article 329 of the Criminal Act" to "Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 329 of the Criminal Act", and the subject of the trial was changed by the court

Therefore, the judgment of the court below is no longer maintained.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above.

[Dao-written judgment] The summary of the facts constituting an offense and the evidence against the defendant recognized by the court as the summary of the facts constituting an offense and the evidence is changed to the second instance court [criminal records], and the facts constituting an offense at the end of the first instance court, except for adding "the defendant habitually stolen the victims' property" to the end of the facts constituting an offense at the court of first instance, and thus, it is identical to each corresponding column of the court below. Thus, it is accepted as it is in accordance with Article 3

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and selection of limited imprisonment, comprehensively, by relevant provisions

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is against the defendant.