The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and eight months.

1. The decision of the court below on the gist of the reasons for appeal (three years of imprisonment) is too unreasonable.

2. The judgment of the court below, despite the fact that the defendant was sentenced five times to the crime of habitual larceny of the same kind and was sentenced to five times or more to the punishment, the defendant committed the crime of this case again for more than the time when he was released, and the defendant's past record was high risk of repeating the crime of this case, and the defendant did not fully recover from the damage up to the present day, is recognized, the defendant has committed a crime against the defendant's wrong act while committing the crime, the defendant agreed with the victim I and E at the court below, and the defendant made efforts to recover from damage by agreement with the victimJ. The victims complained of the defendant's wife's wife, the defendant supports the defendant's wife's wife's child, and other various sentencing factors in this case, such as the defendant's age, character and behavior, occupation and environment, circumstances and result of the crime, etc., are somewhat heavy.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

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

Application of Statutes

1. Relevant Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 327 (1) of the Criminal Act concerning criminal facts, Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (Overallly

1. Article 35 of the Criminal Act among repeated crimes: Provided, That the proviso to Article 42 of the Criminal Act shall apply to the crime of larceny;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;