The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

1. The summary of the grounds for appeal (one year and two months of imprisonment) of the lower court is deemed to be too unhued and unreasonable.

2. In full view of the following facts: (a) the Defendant was sentenced to criminal punishment on five occasions for larceny; (b) six times for a violation of the Road Traffic Act (unlicensed driving); and (c) one time for a violation of the Military Service Act; and (d) the Defendant again committed each of the instant crimes during the period of repeated crime; (b) in particular, with regard to a violation of the Military Service Act, it is anticipated that it would not be possible for the Defendant to perform his duty of military service due to his own normal service even if the term of punishment increases, and that it would not be possible for the Defendant to perform his duty of military service; and (c) it would be deemed that there is no intention to comply with the Military Service Act, including the Defendant’s voluntary service, even if the term of punishment increases, it is unreasonable

3. In conclusion, the prosecutor’s appeal is accepted, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is so decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 332, 329 (Habitual larceny, Selection of Imprisonment), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment), and subparagraph 1 of Article 89-2 of the Military Service Act (a point of escape from service);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In addition, not only the criminal record of the defendant mentioned prior to the reason for sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment by habitual larceny with the largest punishment) of the Act on the Aggravated Punishment of Concurrent Crimes (an aggravated punishment by habitual larceny with the largest punishment), but also the defendant habitually steals goods and operates a vehicle which was stolen by an unauthorized license without the license over 100km and eventually causes an accident.