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.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of three years and six months and the fine of three hundred thousand won) is too unreasonable.

2. Upon ex officio determination, the prosecutor applied for changes in the indictment with regard to "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief)" among the names of the crimes against the Defendant in the first instance as "Habitual larceny", and "Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act" as "Articles 332 and 329 of the Criminal Act" in the applicable law, and permitted this Court.

Therefore, the part of the judgment of the court below on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) can no longer be maintained as the object of the

On the other hand, this part of the facts charged should be sentenced to a single sentence in the concurrent relationship between the crime of violation of the Road Traffic Act (non-licensed driving) and the crime of violation of the Road Traffic Act (non-licensed driving) as stated in the judgment of the court below. Thus, the judgment

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

【The reasoning of the judgment in its entirety 【The facts constituting a crime and the summary of the evidence admitted by the court below,” and the summary of the evidence as to the facts constituting a crime and the summary of the evidence, are as stated in the corresponding column of the judgment of the court below, except for adding “V and U’s statements” to “F.” No. 3 5 of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 332, 329 of the Criminal Act (to be habitually stolen, comprehensively punished by imprisonment), Article 154 Subparag. 2 and 43 of the Road Traffic Act (to be charged with driving without any license, and to be fined) concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes (Article 35 of the Criminal Act) is to be executed on February 27, 2012.