The judgment below

The part of the custody case shall be reversed.

Defendant

In addition, the application for custody for the applicant for custody is filed.

Grounds for Appeal and Determination

1. Summary of grounds for appeal;

A. The Defendant case (1) and the Defendant-Appellant (hereinafter only referred to as the “Defendant-Appellant”) did not carry or withdraw money with or with the credit card as referred to in Article 1(1) of the Criminal Act at the time of original adjudication with the intent of theft, and accordingly, did not use a stolen credit card.

However, the court below recognized that the defendant stolen credit cards and gold 600,000 won, and used the stolen credit cards. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

(2) Although the crime of this case was not attributable to the defendant's theft, the court below recognized habituality. The court below erred by misunderstanding the facts or misunderstanding the legal principles on habituality, which affected the conclusion of the judgment.

(3) The sentence imposed by the lower court (one year and six months of imprisonment) on the Defendant is too unreasonable.

B. In full view of the circumstances such as the circumstances leading up to the instant crime, the living process after release, the Defendant’s family environment, etc., the lower court’s judgment, despite the absence of risk of recidivism, was erroneous by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. In full view of the facts-finding or misapprehension of legal principles in the Defendant’s case, the Defendant’s crime of this case at the time of original adjudication can be sufficiently recognized, and there is no error in the lower court’s fact-finding. Furthermore, in full view of the number and contents of the Defendant’s past criminal records recognized by the above evidence, the time when the final sentence is completed, the time interval between the Defendant’s criminal act and the crime of this case, and the motive, means, and attitudes of the crime of this case, the Defendant’s crime of this case can be recognized as being caused by the formation of the theft habit.