A. The judgment of the court below which acquitted Defendant A of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) even though it can be recognized that the thief was committed by the realization of the theft habits among the facts charged in this case in light of the mistake of facts or the misapprehension of legal principles, etc.,

B. In light of the various sentencing conditions in the instant case, the lower court’s sentence (Defendant B: Imprisonment with prison labor for one year and six months; and Defendant A: imprisonment with prison labor for one year and one year) against the Defendant is too unreasonable.

2. Determination

A. On July 11, 2003, Defendant A was sentenced to a suspended sentence of 2 months with prison labor for larceny, etc. On April 24, 2009, the Incheon District Court was sentenced to a suspended sentence of 2 years with prison labor for larceny, etc. In addition, on January 22, 2010, Defendant A was sentenced to a suspended sentence of 8 months with prison labor for larceny, etc. On June 28, 2011, Defendant A was sentenced to a suspended sentence of 13 years with prison labor for 10,000 won and 20: (a) Defendant A was sentenced to a suspended sentence of 10,000 won and 10,000 won and 3: (b) Defendant A was subject to a suspended sentence of 10,000 won and 10,000 won and 10,000 won and 6.0,000 won and 2) Defendant A’s criminal records on the road in Busan District Court; and (c) Defendant A’s 16.