Judgment

Although the Defendant was guilty of larceny, the Defendant did not cause damage by committing the attempted larceny.

However, the defendant not only committed a second crime during the suspended execution period for the same crime, but also was arrested in a flagrant offender during the commission of the crime and released after being investigated, and therefore, the criminal liability is heavy for larceny.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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