The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. The decision ex officio is made prior to the determination of the Defendant’s assertion.

In the first instance of the trial, the prosecutor applied for the amendment of the indictment which changed the term “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes” among the names of the crimes to “Habitual larceny”, “Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act” among the applicable provisions of Acts to “Articles 332 and 329 of the Criminal Act”, and since the judgment of the court was changed by permission, the judgment of the court

3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of ex officio reversal as seen above. The judgment below is reversed, and the following is again

- Reasons used again due to reversal - Criminal facts and summary of evidence recognized by this court are as stated in each corresponding column of the judgment of the court below, except that "the defendant is convicted of the criminal facts committed by larceny in its deputy branch court of the Daegu District Court on April 29, 2010, and was convicted of the criminal facts committed by larceny at the Daegu District Court on July 18, 2012 and completed the execution of the punishment prescribed in each of the above judgments" on September 20, 2014, the summary of criminal facts and evidence admitted by this court is as stated in each corresponding column of the judgment of the court below, except that "the defendant is convicted of the criminal facts committed by larceny in its deputy branch court of the Daegu District Court on April 29, 2010."

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the facts constituting an offense (or, collectively, the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. The crime of this case recognized by the evidence of the reason for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act, the evidence rules and legal principles are larceny offenses against the defendant.