A. Although the crime of this case by misapprehending the legal principles was not committed by the defendant's theft habit, the court below recognized the defendant's habitualness and convicted him of the charge of this case. Thus, the court below erred by misapprehending the legal principles as to habituality, which affected the conclusion of the judgment.

B. At the time of the instant crime, the Defendant was under the influence of alcohol so as to have weak or lost the ability to discern things or make decisions.

C. The sentence of the lower court (one year and six months of imprisonment) against the Defendant of unreasonable sentencing is too unreasonable.

2. Determination

A. In determining the Defendant’s assertion of misapprehension of the legal doctrine, habitualness refers to a habit of repeated larceny, and the existence of criminal records in the same kind of crime and the frequency, period, motive, means, and method of the crime should be comprehensively considered in determining whether habituality exists.

(2) On September 2, 198, the defendant was sentenced to imprisonment with prison labor for one year and six months and a fine of five hundred thousand won due to special larceny at the Daegu High Court on December 27, 1989; and (3) four years in imprisonment with prison labor for the same court on September 16, 1992; (4) one year and six months in prison for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and (5) one year and six months in prison for the punishment of larceny; and (5) the defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court and Dong branch of the Daegu District Court on April 6, 2004; and (5) one year and six months in imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on December 20, 2006; and (6) one year and six months in accordance with Article 16 of the Act on the Aggravated Punishment, etc.