The judgment of the court below is reversed.

Acquittal of the accused shall be acquitted.

1. The reasoning of the appeal is heavier than that of the lower court.

2. We examine the Defendant’s argument of reasons for appeal regarding sentencing ex officio.

The prosecutor applied for the amendment of the bill of amendment to the indictment to the effect that the name of the charge against the defendant is habitually stolen and the applicable law is changed to the article 332 and 329 of the Criminal Code, and this court permitted the amendment to the indictment.

The judgment of the court is to be reversed because of changes in the bill of indictment.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

A. It is as shown in the annex to the revised facts charged.

B. We examine the changed facts charged ex officio.

On October 30, 2015, the Defendant was sentenced to imprisonment with prison labor for ten months on the grounds that he/she stolen goods worth KRW 1,485,650 in total on twelve occasions from May 25, 2015 to August 31, 2015.

Although the defendant appealed against the judgment of the court of first instance, the appeal was dismissed on February 4, 2016, and the appeal was dismissed on April 7, 2016 and the judgment of the court of first instance became final and conclusive on April 7, 2016.

The facts of the changed facts charged against the defendant and the facts of the crime of the first instance judgment, which became final and conclusive, are identical to the name of the crime, and all of the defendants have a relation to the comprehensive crime of larceny, considering the means and methods of the crime, the period of the crime, and the criminal records of the defendant.

The judgment on habitual larceny extends to the changed facts charged against the defendant who is in the relation of a single comprehensive crime.

Since the changed facts charged against the accused constitute a final judgment, the judgment of acquittal shall be rendered in accordance with Article 326 (1) of the Criminal Procedure Act.