The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles were committed under the Defendant’s urgent economic condition, and thus, it does not constitute the Defendant’s theft habition. However, the lower court determined that each of the crimes of this case was caused by the Defendant’s realization of the Defendant’s theft habit, and recognized the Defendant as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes. In so doing, the lower court erred by misapprehending the facts as to the habitual nature of the larceny

(3) The defendant and his defense counsel have withdrawn his mental and physical disorder in the grounds for appeal during the first trial of this Court, and thus, they cannot be judged separately).

In light of the overall circumstances of this case of unfair sentencing, the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Habituality in judgment of misunderstanding of facts and misapprehension of legal principles refers to the habit of repeated larceny, and the existence of criminal records in the same kind of crime, the frequency, period, motive and method of the crime should be comprehensively considered.

(2) According to the evidence duly adopted and examined by the lower court, the lower court issued a summary order of KRW 1 million as a result of larceny on July 26, 2012, and KRW 1 million as a fine for larceny on August 8, 2012, and was sentenced to a suspended sentence of KRW 1 million on June 23, 2012. The Defendant repeatedly committed each of the instant offenses during the said grace period, and the Defendant again committed each of the instant offenses during the said grace period; the Defendant was punished by imprisonment with prison labor for larceny on August 23, 2012; the method of committing each of the instant offenses by carrying building materials, etc. on the construction site at the construction site; and the method of committing each of the instant offenses or committed each of the instant offenses.