2. The circumstances that are favorable to the Defendant include: (a) the confession and reflect of the instant crime; (b) the admission to the rehabilitation center and the participation in rehabilitation programs to avoid re-offending; (c) the health status is not good; (d) some of the circumstances of the instant crime; and (e) the fact that the amount of damage is a small amount.

On the other hand, the fact that the defendant had been punished more than 40 times including the same crime, that the defendant again committed the crime of this case without being aware of it during the repeated crime period due to the same crime, that the defendant did not agree with the victim, and that there was no proper measure to recover damage, etc., are disadvantageous to the defendant. In light of the above circumstances and other factors, taking into account all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.