The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

1. According to the records of the case, the Defendant: (a) on December 12, 2013, in Gwangju High Court Decision 2013No443, the Defendant was sentenced to imprisonment at least twice with prison labor for a crime, such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence, and habitually stolen another’s property over 30 times from March 2, 2013 to April 26, 2013; and (b) on the grounds of criminal facts, etc., that “The Defendant was sentenced to a new trial pursuant to Articles 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010; hereinafter the same) and Article 329, 330, 331(1) and 342 of the Criminal Act (hereinafter “the judgment subject to new trial”); and (c) the Defendant became final and conclusive in the judgment subject to new trial.

2. The sentence imposed by the court below (six years of imprisonment) on the defendant is too unreasonable.

3. The ex officio determination prosecutor was permitted by applying for changes in the indictment to add the larceny criminal facts, which constitute a part of the facts charged against the defendant in the indictment at the trial.

In addition, in the trial of the court, the prosecutor applied for amendments to the Act on the Aggravated Punishment, etc. of Specific Crimes to the provisions of Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the provisions of Articles 32, 329, 330, 331(1), and 342 of the Criminal Act, "Article 332, 329, 330, 331(1), and 342 of the Criminal Act" among the names of the crimes against the defendant, and approved by the court of this case.

Accordingly, since the subject matter of the thief among the facts charged in the instant case was changed, the thief and remainder.