A. Although the misapprehension of the legal principle on habitual nature of larceny has been already punished several times for the same kind of crime, the instant crime was committed by the Defendant, who was sentenced to three years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and committed one time in contingency since the parent's hospital expense was difficult at the time two years have passed since he was released from the military prison on February 25, 201, and it is difficult to view that the amount of damage was 9,40,000 won, and thus, it was based on the development of the theft habit.

Therefore, the judgment of the court below on the premise that the defendant had a habitive wall to repeatedly commit the larceny, which affected the conclusion of the judgment by misapprehending the legal principles on habituality of the larceny.

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

2. Determination

A. In determining the misapprehension of the legal principles as to the habitual nature of larceny, habitual nature refers to the habit that repeatedly commits the larceny. The existence of criminal records in the same kind of crime and the frequency, period, motive, means and method of the crime in the same case should be comprehensively considered.

(2) In light of the aforementioned legal principle, the following circumstances can be acknowledged by the evidence duly adopted and investigated by the court below (see, e.g., Supreme Court Decision 2008Do1150, Feb. 12, 2009). (1) The defendant is sentenced to imprisonment for one year due to night intrusion larceny on April 19, 191; (2) imprisonment for ten months due to larceny; and (3) imprisonment for one year due to night intrusion larceny on January 17, 1992; and (4) two years and six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes (Larceny) on December 30, 198; and (4) imprisonment for one year and eight months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, Jul. 26, 2001; and (4) imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) on December 10, 2004.