2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) certain damaged goods were returned to the victim; and (c) the fact that equity with the case where the judgment is rendered simultaneously with the final and conclusive larceny should be considered.

However, in comprehensive consideration of the fact that the defendant has been punished several times for the same kind of crime, the defendant committed again during the suspended execution period for the same crime, and the defendant did not agree with the victim, the sentencing of the court below seems to have been properly decided by fully considering all the circumstances including the various grounds for sentencing asserted by the defendant. There is no special circumstance to change the sentencing ex post facto, so the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.