The judgment of the court below is reversed.

Imprisonment with prison labor for the first offense against the defendant, and for the second offense against the ruling, it shall be sentenced to imprisonment for one month.

1. The summary of the grounds for appeal (the first offense: imprisonment with prison labor for one month, and the second offense as indicated in the holding: 5 months) of the lower court is too unreasonable;

2. Ex officio determination

A. Prior to the judgment on the grounds of appeal, ex officio, the following are considered: (a) habituality in larceny refers to a habiting behavior that repeatedly commits the larceny; and (b) whether or not there is habituality in consideration of the existence of criminal records in the same kind of crime and the frequency, period, motive, means and method of the crime in the case.

(See Supreme Court Decision 2008Do11550 Decided February 12, 2009). Recognition of habituality is not always a ground for recognition of habituality, solely on the basis of a criminal record committed several times. In full view of the criminal record and the criminal record, it can be said that there is any special circumstance that the act of larceny is not unreasonable to recognize that the act of larceny was the origin of the theft habit.

The habituality cannot be recognized in the event that the crime is committed in a contingent motive or in an imminent situation and cannot be seen as the realization of the theft and habition of ordinary cattle.

(2) In a criminal case, the court below erred by misapprehending the legal principles as to the admissibility of a criminal defendant’s assertion or defense, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence (see, e.g., Supreme Court Decisions 82Do2797, Feb. 8, 1983; 82Do600, Mar. 13, 1984; 84Do45, and 84Do3, Mar. 13, 1984).

(see, e.g., Supreme Court Decision 2012Do231, Jun. 28, 2012). (B)

In light of the records and return to the instant case, the Defendant committed the larceny first on March 23, 2017, and thereafter, committed the larceny.