A. Although the misapprehension of the legal principle as to habitual nature of larceny has been subject to punishment for larceny several times in the past, the crime of this case occurred after about three years from October 7, 2010, when the execution of the last sentence was completed with respect to the previous larceny crime, and therefore it is difficult to view that there is a temporal close relationship with the previous crime. The defendant has been engaged in daily life while working in public service, etc. for about three years from the completion of the execution of the sentence to the day of the crime of this case without all other crimes, including larceny, and the crime of this case is one of the crimes of larceny. In full view of the fact that the crime of this case is one of the crimes of this case, it cannot be deemed that the defendant is the realization of the punishment of larceny.

Therefore, the judgment of the court below which applied Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes to the crime of this case on the premise that the defendant had a habit of repeatedly committing the larceny, erred by misapprehending the legal principles on the habituality of the larceny, which affected the conclusion

B. Even if the crime of this case, even though it is deemed that the crime of this case is the realization of the defendant's theft habits, in light of the following: (a) the health problems of He, who is the defendant himself and a person living together with the defendant, and the wrong thought, such as medical expenses, led to the crime of this case; (b) the thief of this case, which caused no property damage to the victim as a result of the attempted crime of this case; and (c) the defendant has a depth of his mistake, the punishment (one year and six months of imprisonment) sentenced by the court below is too unreasonable.

2. Determination

A. Regarding the assertion of misapprehension of the legal principles as to habitual nature of larceny, habitual nature in larceny refers to a habit that repeatedly commits the larceny. The existence of criminal records in the same case and the frequency, duration, motive, and motive of the crime in the same case.