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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., three years of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
① From the second instance trial to September 24, 2013 before the new trial, the prosecutor applied for the permission to amend the Act on the Aggravated Punishment, etc. of Specific Crimes to add the facts stated in No. 9, No. 10, and No. 11 to the crimes of larceny, which constitute a part of the facts charged in the instant case on September 24, 2013. ② From the trial after the commencement of the new trial, the prosecutor applied for the permission to amend the Act on the Aggravated Punishment, etc. of Specific Crimes to the effect that the Defendant’s name of the crime is “Habitual larceny” and “Article 5-4(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” respectively. Since this court changed to the subject of
3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.
[C] On February 22, 2007, the Defendant was sentenced to 10 months of imprisonment with prison labor or 2 years of suspension of execution with prison labor for larceny, etc. on the part of the Suwon District Court's branch on February 22, 2007. On October 12, 2007, the Seoul Southern District Court was sentenced to 1.5 million won of imprisonment with prison labor for larceny, etc. on May 21, 2008, and was sentenced to 8 months of imprisonment with prison labor for larceny at the Cheongju District Court on August 7, 2009, and was sentenced to 1 year of imprisonment with prison labor at the Seoul Central District Court on November 26, 2009, and was sentenced to 2 months of imprisonment with prison labor at the Changwon District Court on December 22, 201, and completed the execution of the sentence on May 27, 2013.
The defendant shall be habitually, and around 18:00 on July 2, 2013.