The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The seized test color room (ALPINT), No. 1 (No. 1);

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment and confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Before the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the Prosecutor applied for changes to the contents of the Act on the Aggravated Punishment, etc. of Specific Crimes that the name of the crime is "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 "Violation of the Aggravated Punishment, etc. of Specific Crimes (Larceny)" from "Article 332 of the Criminal Act," and "Violation of the Aggravated Punishment, etc. of Specific Crimes (Larceny)" among the facts charged.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for ex officio reversal, and the judgment below is again decided as follows, after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is as follows. The summary of the facts charged in the judgment of the court below is identical to the corresponding column of the judgment of the court below, except where the "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)" is corrected as "Habitual thief". Thus,

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 332, 331 (1), 329, and 342 of the Criminal Act ( comprehensively including the attempted larceny or larceny), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment), and Article 360 (1) of the Criminal Act concerning the crime (the point of embezzlement of stolen articles, and Selection of Imprisonment);

1. Article 35 of the Criminal Act among repeated crimes (with respect to habitual larceny in the market);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Confiscation of the Criminal Act;