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The judgment below
The violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is reversed.
Defendant shall be punished by imprisonment.
Reasons
1. Summary of grounds for appeal;
A. From the judgment of the court below against habitual denial, the crime of larceny (thief) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) was committed in a state of drinking, and is not caused by
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. Habituality of a crime to be judged as to the assertion of habitual denial refers to any mistake of a criminal and the tendency of a crime, which does not constitute the essence of the act, and refers to the character that constitutes the character of the offender. As such, the existence of habituality shall be determined by comprehensively taking into account various circumstances, such as the offender’s age, character, occupation, environment, transfer, motive, means, method and place of the crime, time interval with the previous crime, similarity with the contents of the crime (see Supreme Court Decision 2004Do6176, May 11, 2006). Meanwhile, it cannot be readily concluded that the act of habituality does not constitute a crime solely on the ground that the offender was in a state of mental or physical disability at the time of the crime.
(2) According to the evidence duly admitted and investigated by the lower court, the Defendant was sentenced to imprisonment with prison labor for not more than four months for the larceny, etc. at the Seoul Southern District Court on August 23, 2007, and 2007. According to the evidence duly admitted and investigated by the lower court, the Defendant was subject to a disposition of suspension of indictment at the Suwon District Court on April 30, 2008; on February 9, 2012, the Defendant was sentenced to imprisonment with prison labor for not more than one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and two years for the suspension of execution; on June 18, 2012, the Defendant was repeatedly sentenced to a summary order of not more than one million won for the larceny on two occasions at the Suwon District Court on August 16, 2012.