The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The thief in this case committed only six years after the previous larceny crime, and the frequency of the crime is just one time. The court below recognized the Defendant as a part of the single act of larceny and recognized it as a part of the above single act, and there is an error of law by misunderstanding the legal principles as to habitual larceny.

B. At the time of the crime of this case, the defendant was under the influence of alcohol and was in a state of mental disability. The judgment of the court below is erroneous in the misapprehension of legal principle as to mental disability.

C. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. (1) On the assertion of the misapprehension of the legal principles as to habituality, habituality refers to a habit that repeatedly commits the larceny. In light of the existence of criminal records in the same type of crime and the frequency, period, motive, means, and method of the crime in the same case, determination of habituality should be made by comprehensively taking into account the existence of criminal records in the

(2) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below (see, e.g., Supreme Court Decision 2008Do11550, Feb. 12, 2009). (2) In other words, as stated in the judgment of the court below, the defendant has a record of criminal punishment of imprisonment over five times for the same kind of crime as indicated in the judgment of the court below; (2) among them, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was sentenced to imprisonment on September 3, 2004 at the early branch of the Chuncheon District Court, is similar to the motive, means and methods of the crime of larceny in this case; and (3) as seen above, the defendant was sentenced to imprisonment and one year and six months at the early branch of the District Court Chuncheon on Sept. 3, 2004

On December 23, 2005, paroled on December 23, 2005, the same year for committing a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special robbery, rape, etc.) on January 1, 2006

5. 26. The Seoul High Court sentenced 6 years to imprisonment in prison, and was serving in the Ansan prison.