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1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the court below on the defendant (two years of suspended sentence and six months of imprisonment, observation of protection, community service work 300 hours and confiscation) is too unfasible.

2. Ex officio determination

A. As to the facts charged of this case in the first trial prior to the commencement of a new trial, a prosecutor with regard to the alteration of the subject matter of the new trial, he/she changed "up to 38 times" from among the facts charged on the date of the first trial prior to the commencement of the new trial to "up to 39 times", and added the list of crimes in the attached Table (1) to "up to 39 times", and applied for an amendment to a bill of indictment to add the list of crimes in the attached Table (2) at the date of the third trial prior to the commencement of the new trial. The court of the first trial prior to the commencement of the new trial permitted it, and the prosecutor changed the subject matter of the judgment prior to the new trial after the commencement of the new trial. On the other hand, since the prosecution changed the name of the crime on the date of the first trial prior to the commencement of the new trial to "a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes", Article 5-4(1) and Article 30(3) of the Criminal Act to "a change to 30 or 34(34 of the Criminal Act."

B. According to the records on the history of reversal following the latter part of Article 37 of the Criminal Act, the defendant was sentenced to one year and two months of imprisonment with prison labor for habitual special larceny at the Busan District Court on June 5, 2015, and the above judgment became final and conclusive on June 13, 2015. As such, the crime of the court below and the above habitual special larceny against the defendant, which became final and conclusive on June 13, 2015, are concurrent crimes of the group after Article 37 of the Criminal Act, and thus, the defendant should be sentenced to punishment for each crime of the judgment of the court below in consideration of equity in the case where it is determined at the same time in accordance with the first part of Article