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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, the crime of this case is not based on the realization of the defendant's theft habit, and thus, the defendant cannot be recognized as habituality of larceny. However, the judgment below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The two-year imprisonment sentenced by the lower court to the Defendant is too unreasonable.
2. Determination
A. Habituality of a crime in judgment of misapprehension of the legal doctrine refers to any brusity of a criminal and a tendency of a crime, which is not the nature that forms the essence of the act, but the character that forms the character of the offender. Thus, the existence of habituality shall be determined by comprehensively taking into account various circumstances, such as the age, character, occupation and environment of the offender, motive, method and place of the crime, time interval with the crime committed before, and similarity
(2) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it is reasonable to deem that the Defendant’s wall of larceny was caused to the instant crime. As such, the Defendant’s assertion of the misapprehension of the legal doctrine is without merit.
① On December 19, 1991, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Incheon District Court’s Incheon District Court on September 18, 1996, with prison labor for a crime of special larceny in its branch of the Daejeon District Court on September 18, 199, and three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of larceny) at the Incheon District Court on July 4, 2002, and three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of larceny (the act of larceny four times) at the main branch of the Chuncheon District Court on February 8, 2006. The most of the larceny crimes and the act of larceny committed in this case are carried out with money and valuables by intrusion upon a house
(2) The defendant shall complete the execution of final imprisonment.