The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, the charge of habitual larceny is acquitted.

1. Summary of grounds for appeal;

A. On August 17, 2012, the Defendant was sentenced to four years of imprisonment by the Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on June 7, 2016.

On June 19, 2017, a new judgment was rendered on the said judgment, and on July 7, 2017, a new judgment became final and conclusive.

Therefore, Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes cannot be applied to the thief crime of larceny committed before the judgment on new trial becomes final and conclusive.

In addition, the crime of this case is one concurrent crime with the crime of which judgment of new trial becomes final and the crime of this case after Article 37 of the Criminal Act, and the repeated crime of Article 35 of the Criminal Act cannot be aggravated.

B. The sentence of the lower court’s improper sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below ex officio following the change in indictment was requested to change the part of the charges against the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) as follows. Since this court permitted this, the judgment of the court below is reversed.

Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 331(2) of the Criminal Act are amended to “Article 332, 329, and 331(2) of the Criminal Act” among the facts charged by changing “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes)” from among the facts charged, to “Article 332, 329, and 331(2) of the Criminal Act” (the Seoul Central District Court sentenced on August 17, 2012 to be sentenced to four years of imprisonment and completed the execution of the sentence on June 7, 2016,” and “other than the above sentence becomes final and conclusive on June 30, 2017.”

At around 19:00 on January 7, 2017, the Defendant, together with E and F, planned removal to be managed by the victim W, who is a victim of the Gangdong-gu Seoul Metropolitan Government BC construction staff.