A defendant shall be punished by imprisonment for three years.

On December 21, 2011, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Seoul District Court Decision 201Da7884, Busan District Court). Accordingly, on March 16, 2012, the lower judgment was reversed and sentenced to three years of imprisonment (hereinafter “instant judgment subject to a retrial”) and the instant judgment subject to a retrial became final and conclusive around that time.

B. After that, the Defendant filed a petition for review of the instant judgment subject to a retrial, and the said decision became final and conclusive on July 22, 2016 by this Court rendered a decision to commence a retrial (2015 No. 64).

2. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

3. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor added "additional facts charged" to the facts charged in the instant case, and the name of the crime is "Habitual Special 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 Articles 331 (1), 329, and 35 of the Criminal Act" to "Articles 32, 331 (1), 329, and 35 of the Criminal Act" to "Article 352, 331 (1), 329, and 35 of the Criminal Act," and the court applied for amendments to a bill of amendment of indictment.

4. In conclusion, 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 that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence recognized by the court is added to "1." and "attached Form 1." after the second page 3 of the judgment of the court below.