A. The lower court, on April 27, 2017, sentenced the Defendant to three years of imprisonment with prison labor for the case of larceny in stock 2017, Seoul Central District Court 2017, and the said judgment became final and conclusive on May 5, 2017.

Since the facts charged of this case are due to the habition of larceny identical to the above final judgment, the above final judgment has res judicata effect on the facts charged of this case.

Therefore, even though a judgment of acquittal should be rendered on the facts charged of this case, the court below erred by misapprehending the legal principles.

B. The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the lower court’s judgment and the appellate court’s duly admitted and investigated evidence, the facts charged and the final judgment constitute a single comprehensive crime of habitual larceny.

Therefore, since res judicata of a final and conclusive judgment cannot be seen as affecting the facts charged in this case, the Defendant’s assertion of misapprehension of the legal doctrine is rejected.

1) The facts charged of the instant case are as follows: “The Defendant habitually committed a theft of gold plates, etc. by entering the precious metal store as a customer on June 1, 2004,” and the facts constituting the crime in the final judgment are as follows: “The Defendant habitually committed a theft of eths, etc. by entering the precious metal store as a customer on August 20, 2012, by habitually entering the place of precious metal sales around 16:30 on August 20, 2012.”

It is recognized that the common view of the crime caused by the realization of the defendant's theft habits is the crime.

2) However, the criminal facts of the final and conclusive judgment were sentenced on July 21, 2004 in the case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) by the Seoul Central District Court 2004 High Order 4216, the Defendant committed the crime after the completion of the execution of the sentence on December 18, 2005 after the judgment became final and conclusive on September 23, 2004, and the Seoul Central District Court 2004 High Order 4216, the Defendant committed the crime.