The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. The sentence of the lower court (four years of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Before the judgment on the ground of ex officio appeal following the change in indictment, the prosecutor changed the name of the defendant to “Habitual Residence Larceny” in the trial of the party, “Article 5-4(6) and Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes,” “Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes” in the applicable law, and written application for changes in indictment with the content that add the crimes No. 39 in the table No. 1 in the attached crimes to the existing criminal facts, and the subject of the judgment was changed by the court

Therefore, the judgment of the court below can no longer be maintained.

3. The court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, since there are grounds for reversal ex officio as seen above, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: (a) addition of the facts charged in No. 39 as shown in the attached Table 1 among the facts charged in the judgment of the court below; (b) modification of “total 45 times” to “total 46 times”; and (c) addition of “ER’s written statement” to the summary of the evidence, it is identical to each corresponding column of the judgment of the court below; and (d) thereby, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 332, 330, 342 of the Criminal Act (limited to the larceny of habitual residence at night), Articles 332 and 329 of the Criminal Act (limited to habitual larceny, and comprehensive selection of imprisonment with prison labor) concerning criminal facts;

1. Grounds for sentencing as prescribed in Article 35 of the Criminal Act and the proviso to Article 42 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the enforcement of which was completed on November 2, 2014, on the ground that there was a previous conviction for a crime of larceny)

1. Scope of punishment: Imprisonment with prison labor for a period of one month or more to 22 years and six months;

2. Application of the sentencing criteria [types] One type of habitual larceny (general larceny).