The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (misunderstanding of the legal principles and the part of acquittal of the reasons in the decision of the court below) among the records of the crime in the decision of the court below, a retrial procedure was initiated against each of the offenses (thief) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) for which the execution was completed by each sentence sentenced by the branch court of the Daegu District Court on June 10, 201 and May 7, 2013. In the above retrial procedure, each of the offenses was recognized as habitual larceny under the Criminal Act and the judgment of the court below became final and conclusive as of May 28,

Even if the execution of punishment based on the original judgment is effective as it is, and the law applicable to the defendant's act is different, the defendant is habitually punished by larceny at least twice, and the defendant commits larceny again within three years after the execution of punishment is completed.

Nevertheless, the court below found the Defendant not guilty of the facts charged in this case applying Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes on the ground that the judgment on retrial became final and conclusive due to habitual larceny with respect to each of the previous crimes committed against the Defendant, and recognized him as a habitual larceny in relation to such crime. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

Judgment

Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes shall be punished by imprisonment with prison labor for not more than six years or by a fine not exceeding ten million won, if a person who habitually steals another's property under Articles 329 through 331 of the Criminal Act.

A person who steals another's property by intrusion upon residence, guarded dwelling house, structure or ship or occupied room at night, shall be punished by imprisonment for not more than ten years.

Article 331 (Special Larceny) (1) A person who steals another's property by intrusion upon the places specified in the preceding Article after destroying or damaging the gate, the wall or a part of the structure at night, shall be from one year to ten years.