The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Nos. 5 and 6 of seized evidence C.

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as to habitual larceny, even though the crime of this case was committed only due to the defendant's difficulty in living, and it cannot be seen that the defendant's habituality was realized, by misapprehending the legal principles as to habitual larceny.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of legal principles, habitualness refers to a habition that repeatedly commits the larceny. In light of 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, determination of whether habituality exists should be made, by comprehensively taking into account the existence of

(2) In light of the following circumstances acknowledged by the lower court’s evidence, i.e., the Defendant’s suspension of indictment on November 30, 199 on the ground of special larceny and special larceny committed at the Seoul Southern District Public Prosecutor’s Office (Seoul Southern District Public Prosecutor’s Office) on December 21, 199; the transfer of juvenile protection case to the above public prosecutor’s office on January 28, 200; transfer of juvenile protection case to the above public prosecutor’s office for night-time intrusion larceny; transfer of juvenile protection case to the above public prosecutor’s office on January 19, 200; theft and intrusion upon residence; transfer of juvenile protection case to the Seoul Southern District Public Prosecutor’s office on June 19, 200; taking into account the following circumstances acknowledged by the lower court’s lawfully adopted and investigated evidence; (3) the Defendant was sentenced to imprisonment with prison labor or imprisonment with prison labor for the same kind of crime committed by the Defendant on July 1, 2004; and (2) the method of criminal punishment or similar to the Defendant’s crime committed.