The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The crime of this case is due to the difficulty of the defendant's living, and the habitual nature of the defendant cannot be deemed to have been realized.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination:

A. Before the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by authority, and the prosecutor applied for the amendment to a bill of indictment with the content of adding the facts charged as stated in the previous facts charged, and since this court permitted this, the judgment of the court below cannot be maintained any more.

However, despite the above reasons for ex officio reversal, the defendant's assertion of misapprehension of legal principles is still subject to the judgment of this court.

The paragraph will be examined.

B. Regarding the assertion of misapprehension of legal principles, habituality refers to a habition that repeatedly commits larceny. In light of the existence of criminal records of the same kind and the frequency, period, motive, means, and method of the crime of the same case, determination of whether habituality exists or not should be made (see, e.g., Supreme Court Decision 2008Do11550, Feb. 12, 2009). 2) The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the Defendant, at the Seoul Central District Court on March 3, 1993, was sentenced to a suspended sentence of 2 years for larceny; ② the Defendant, at the Government District Court on April 7, 2010, was sentenced to a fine of 50,000 won for larceny; ② the Defendant, at the Government District Court on May 6, 2013, was sentenced to a suspended sentence of 200,000 won for larceny; ② the Defendant, who was sentenced to a suspended sentence of 201.