2. In light of the fact that the Defendant had been already punished several times for the same crime, the Defendant committed the instant crime during the period of repeated crime, which was sentenced to four months from July 4, 2016 when he was sentenced to imprisonment for a violation of the Road Traffic Act (unlicensed driving) in the Hongsung Support of the Daejeon District Court on July 4, 2016, and the Defendant committed the instant crime on November 3, 2016, before two years have passed since he was sentenced to imprisonment for a violation of the Road Traffic Act (unlicensed driving). In light of such criminal history and tendency, etc., the Defendant is very weak to observe the law and the risk of recidivism is high.

When considering the fact that there is no choice to see that the victim's damage caused by the crime of this case is relatively minor, the victims do not want to punish the defendant, and the fact that the motor vehicle was scrapped after the crime of this case, etc., the punishment imposed by the court below is too heavy considering the favorable circumstances for the defendant, even considering the fact that the motor vehicle was scrapped after the crime of this case.

shall not be deemed to exist.

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.