The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor of three years and six months and by a fine of thirty million won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years and six months, fines of three hundred thousand won, confiscation) of the lower court is too unreasonable.

2. Before determining on the grounds of appeal by the defendant, the prosecutor examined the name of the crime in the "Habitual Larceny" from "Habitual Larceny" to "Habitual Larceny", and the applicable provisions of the law to it to "Articles 332, 330, and 331 (1) of the Criminal Act" to "Articles 332, 342, and 329 of the Criminal Act", and "criminal facts" under this part of the facts charged are applied for changes in the indictment as stated in paragraph (1) of the same Article, and since this court permitted it and changed the subject of the judgment, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

[criminal power] On May 24, 2012, the Defendant was sentenced to three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Sungnam Branch of Suwon District Court, and completed the execution of the sentence in the Seoul Southern Prison on April 19, 2015.

[2016 Highest 639]

1. From January 14:00 on the same day to around 19:07 of the same day, the Defendant habitually stolen: (a) entered the victim D’s second-story window at around 150,00 won in his/her house in Namyang-si; (b) he/she has been living in the victim’s house; (c) he/she shall have a safe of an amount equivalent to 4.5 million won in the market price of the victim’s house in the clothes; and (d) he/she shall have a precious metal sheet of an amount equivalent to three million won in his/her safe (one piece of spath, ear, earth, and half), three million won in his/her net metal sheet of an amount of KRW 3.2 million (one half in his/her net gold sheet of KRW 100,500,000,000 and five hundred won in 19:00 won in his/her market price; and (d) three hundred thousand won in 1.3 million won in 1.5 million won in male-do.