The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that Article 332 and Article 329 of the Criminal Act shall apply to each of the crimes in this case committed by the Defendant on February 26, 2015, as the Constitutional Court rendered a judgment of unconstitutionality in the case of Constitutional Court 2014HunGa16, 2014HunGa19, 2014HunGa23 (Merger).

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Before the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in the indictment with respect to each of the crimes of this case to "Habitual larceny" from "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" 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 applicable provisions of this case to "Articles 332 and 329 of the Criminal Act". Since this court permitted this, the judgment of the court below is no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the legal principles of the defendant and the assertion of unfair sentencing, on the grounds of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as follows: “1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)” in the written judgment of the court below, and “1. The summary of evidence” in the written judgment of the court below is identical to each corresponding column of the court below, except for the alteration of “1. The defendant’s court statement” in the written judgment of the court below to “1. The defendant’s court statement at the trial of the defendant”.

Application of Statutes

1. Relevant Article 332 of the Criminal Act and Articles 322 and 329 of the Criminal Act for the selection of criminal facts (compacting to imprisonment).