The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.

2. The ex officio judgment prosecutor changed the criminal facts in the trial room as stated in the "criminal facts", and applied for changes in the indictment with the content that "violation of the Act on the Aggravated Punishment, etc. of Specific Crimes" among the names of the crimes against the defendant is "Habitual larceny", and "Article 5-4 (1) and Article 329 of the Criminal Act" in the relevant part of the applicable provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes are changed to "Articles 332 and 329 of the Criminal Act". Since this court permitted this and changed to the subject of the judgment,

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Ulsan District Court on June 27, 2008; on April 20, 2010, the Daegu District Court was sentenced to one year and six months of imprisonment with prison labor for the same crime; on September 21, 2012, the Daegu District Court was sentenced to two years of imprisonment with prison labor for the same crime; on April 11, 2014, the Defendant was sentenced to seven times of imprisonment with prison labor for the same kind of power in addition to the completion of the execution of the sentence.

1. On September 1, 2014, at around 16:27, the Defendant: (a) intruded the victim D (Inn, 54 years of age) of the Cheongong-gun building C in the area of residence; (b) invaded into the victim’s inner room through the open gate; and (c) carried 1070,000 won in cash owned by the victim under this gate.

2. On September 11, 2014, at around 10:15, the Defendant opened a gate that was not corrected for the purpose of theft of goods from the victim JJ located in Gyeongjin-gun, Chungcheongnam-do, and infringed upon the house by entering the front of the lower room.

Accordingly, the defendant habitually uses the victim's property.