All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Although there are five records of punishment for larceny, etc., the crime of this case cannot be deemed to have been established, considering the following: (a) the date and time of the last larceny crime before the crime of this case was committed is at intervals of seven years in 2006; (b) the frequency of the crime of this case was only three times a month, and the defendant was less than three times a month, and the amount of damage was only a simple larceny, the crime of this case cannot be deemed to have been established; (c) the court below erred by misapprehending the legal principles, thereby recognizing the habitual larceny of the crime of this case.

B. Prosecutor 1) In this case’s bicycle of this case’s mistake of facts as to the non-guilty portion of the reasons is 300,000 won at the market price around August 2013, 201 at the time when the larceny was committed with a product of 201, and according to the photograph taken within 10 days after the larceny crime, the part melting or melting the bicycle cannot be seen as a bicycle with very clean and unreshing condition, such as a quilar, and it cannot be seen as a bicycle with very clean and unreshing condition, the lower court erred in matters of mistake of facts that the Defendant believed the Defendant’s defense as it is and did not have an intention to larceny. 2) The sentence (one year and six months of imprisonment) imposed by the lower court

2. Determination

A. In regard to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the Defendant was sentenced to a suspended sentence of two years for larceny at the Seoul Southern District Court on October 30, 1997. On March 21, 2003, the Seoul Southern District Court sentenced the Defendant to a suspended sentence of two years for larceny. On November 19, 203, the Defendant was sentenced to imprisonment of eight months for larceny, etc. at the Seoul Southern District Court on March 21, 2003, and one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court on June 29, 2005 at the Seoul Southern District Court on May and October 11, 2006.