The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for one month for the crime No. 6120 of the order of 2016.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (crime No. 6120 of the order of 2016: Imprisonment with prison labor for one month, and crime No. 6120 of the order of 2016: sentenced No. 6120 of the order of 2016: Imprisonment with prison labor for one month, each of the crimes of 5761 of the order of 2016 and 2 of the order of 2016 and each of the crimes of No. 6120 of the second order of 6120: 2 years) is too unreasonable.

B. The crime No. 6120, No. 6120, No. 2016, No. 2016, the Prosecutor (as to the crime No. 2016, No. 6120, No. 6120, No. 2) committed a larceny again on June 11, 2015, in which the Defendant was sentenced to imprisonment not less than three times due to larceny, etc., and the Defendant again committed a larceny, and thus, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes applies. However, the lower court deemed this as a simple larceny, and judged that the Defendant was acquitted of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) on the grounds thereof. The lower court erred by misapprehending the legal doctrine, which affected the conclusion of the judgment.

2. Determination

A. As to the part concerning the crime No. 6120 of the High Order 2016 as to the part concerning the defendant's appeal No. 6120 of the judgment, prior to the judgment on the grounds for appeal by the defendant, the prosecutor tried to examine ex officio, and the name of the crime in this part of the facts charged is "the theft of intrusion on night structures" in the "Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes", and the applicable provisions of the law are "Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes" and "Article 330 of the Criminal Act", and the court applied the application for changes to "Article 330 of the Criminal Act" and changed to the subject of the judgment against the defendant. In this regard, this part of the judgment of the court below

B. According to the record as to the crime No. 6120 of the High Order 2016 No. 6120 of the judgment, the defendant was sentenced to a suspended sentence of four months for larceny at the Busan District Court on September 30, 2008, and the defendant was sentenced to a suspended sentence of four months for larceny at the Busan District Court on September 8, 2009.