All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. The following facts are acknowledged according to the progress records of the case.

A. Defendant and the applicant for a retrial (hereinafter “Defendant”) were sentenced to imprisonment for ten months on December 15, 201 with respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) in the Ulsan District Court 201Dadan3894 case

(hereinafter “Court of First Instance”) The Defendant appealed against this, on the ground that the above punishment is too unreasonable.

B. On February 17, 2012, the appellate court: (a) reversed the lower judgment ex officio on February 17, 2012; and (b) sentenced the Defendant to ten months of imprisonment (hereinafter “the instant judgment”); and (c) the said judgment became final and conclusive on February 25, 2012.

C. After doing so, the Defendant filed a petition for a retrial on the judgment subject to a retrial with the Ulsan District Court 2015 No. 2014, Jun. 8, 2015. The Ulsan District Court rendered a decision to commence a retrial on June 8, 2015, and thereafter, the said decision to commence a retrial became final and conclusive as it is, on the grounds that there was no legitimate filing of a complaint within the appeal period. On June 23, 2015, the Busan District Court was transferred to Busan District Court 2

On the other hand, the Defendant appealed on April 9, 2015, in Busan District Court Decision 2014Da7837, on the grounds that the said sentence is too unreasonable, as the Defendant was sentenced to imprisonment for eight months for habitual larceny (hereinafter “the second lower judgment”).

E. Busan District Court Decision 2015No1130 and Busan District Court Decision 2015No34 cases, which are cases of appeal against the judgment below of the court below, were combined with the procedure of pleadings at the trial of the party.

2. The sentence imposed by the first and second court below on the defendant is too unreasonable, because the gist of the grounds for appeal is too unreasonable.

3. Examination ex officio prior to the judgment on the grounds for appeal for ex officio determination.

Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act, where the name of the crime was committed in the court of first instance against the judgment of the court of first instance, shall be deemed as a "Habitual larceny", and applicable provisions of the Act