2. The judgment of the court below is acknowledged that co-defendant A stolen cosmetics, etc. between Co-defendant A's frighting the horses to his employees. The amount of damage to the crime of this case is not equivalent to KRW 2.40,00,00, and Co-defendant A paid to the victim an amount equivalent to KRW 1.80,000 out of the above amount of damage. However, the quality of special larceny, which steals property in collaboration with at least two persons in the court below, is not less than that of the crime, and the statutory punishment is less than 1 to 10 years, but less than 6 months, even if the statutory punishment is mitigated pursuant to Article 53 of the Criminal Act, it is less than 1 to 10 years, and even if the defendant was sentenced to suspended sentence of imprisonment with prison labor due to fraud, theft, etc., even though he had been punished more than 10 times, it cannot be deemed that the defendant's liability for the crime of this case is less exceptionally and more, considering the above circumstances, the punishment of the court below cannot be deemed to have been imposed in full discretion after the crime.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.