The judgment of the court below is reversed.

Acquittal of the accused shall be acquitted.

1. The sentence imposed by the lower court on the summary of the grounds of appeal is unreasonable.

2. We examine the defendant's reasons for appeal ex officio prior to judgment.

On May 13, 2016, the Defendant was sentenced to two years of imprisonment for a crime that habitually steals cash owned by the victim E and F at the Seoul Central District Court on March 17, 2016, and the judgment became final and conclusive on May 21, 2016.

In light of the facts charged against the defendant and the method of the crime, duration of the crime, and the criminal record of the defendant, the crime against the defendant violates the Act on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive, is a comprehensive crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The effect of the judgment on the crime of larceny (thief) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes reaches the facts charged against the defendant who is a single comprehensive crime

Therefore, since the facts charged against the defendant constitutes a final judgment, a judgment of acquittal should be rendered in accordance with Article 326 subparagraph 1 of the Criminal Procedure Act.

The lower court erred by misapprehending the legal doctrine.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment of the court below is reversed and it is again decided as follows.

[Judgment to be used again]

1. On March 8, 2016, the Defendant, at around 12:20 on March 8, 2016, was aware of and attempted to commit any cre in which the door is opened to Lone Star system (C) holding Lone Star Co., Ltd., Ltd. set up in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul.

2. The facts charged against the Defendant constitute a case where a final and conclusive judgment was rendered on the grounds as examined earlier, and thus, a judgment of acquittal is rendered pursuant to Article 326 subparag. 1 of the Criminal Procedure Act.