All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. The following facts are acknowledged according to the progress records of the case.

A. On December 26, 2013, the Defendant filed an appeal (Seoul Eastern District Court 2014No. 2014No. 1100) upon having been sentenced to a suspended sentence of three years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) on June 10, 2014, the Defendant filed an appeal (Seoul Eastern District Court 2014No. 2014 No. 1100) on December 26, 2013 in the Cheongju District Court Decision 2013 Goju District Court 825, 854 (Joint) and 858 (Joint).

B. On September 26, 2014, the Seoul Eastern District Court rendered a judgment subject to a retrial on October 13, 2014 by combining the appeal cases against the Defendant and rendered a two-year decision to the Defendant (hereinafter “ judgment subject to a retrial”) on September 26, 2014. The Defendant submitted a petition of appeal, but withdrawn the appeal, thereby becoming final and conclusive on October 13, 2014.

(c)

After that, the Defendant filed a motion for a retrial on the judgment subject to a retrial with Seoul Eastern District Court 2015 (No. 14). On January 5, 2016, the said court rendered a decision to commence a retrial, and thereafter, the said decision to commence a retrial became final and conclusive on the grounds that no legitimate appeal has been filed within the appeal period.

2. The summary of the grounds for appeal (unfair sentencing of the defendant) is too unreasonable that each of the original trials rendered a sentence against the defendant (the first instance court of the first instance: imprisonment with prison labor of two years, the second instance court of the second instance: imprisonment with prison labor of one year and six months, the suspension of execution of three years, the observation of protection, and the community service order of 180 hours) is too unreasonable.

3. We examine ex officio the defendant's assertion of ex officio.

This Court decided to consolidate the appeals cases against each of the judgment below.

The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) among the crimes committed by the lower court against the Defendant is a single comprehensive crime of intrusion larceny at night, intrusion theft of residence at night, intrusion theft of building at night, larceny, and larceny.