The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant voluntarily suspended the commission of larceny according to his/her own free will, which constitutes an attempted suspension under Article 26 of the Criminal Act, and thus, the punishment should be reduced or exempted as necessary.

Nevertheless, the court below erred by misapprehending the legal principles, since the above provision on attempted suspension was not applied.

B. The sentence of the lower court’s improper sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. The suspension of judgment as to the misapprehension of the legal doctrine doctrine is the concept that is referred to as the attempted failure and the suspension of the commission of a crime according to one’s own free will before commencing the commission of the crime and completing the crime.

Whether an attempted crime is suspended by a person who has received such attempted crime, in the case of the division of the attempted crime and the attempted crime.

In light of the above legal principles, it is necessary to examine the case, and in particular, during the suspension by a person, it should be deemed as the attempted attempt to stop except the case where it is judged to be impossible due to an impediment in the general social norms (see Supreme Court Decision 85Do2002, Nov. 12, 1985). The fear of fear in punishment, etc. at the time of the occurrence of the crime is deemed as a situation that obstructs the completion of the crime under the general social norms. Thus, it cannot be deemed as a voluntary suspension (see Supreme Court Decision 97Do957, Jun. 13, 1997). In light of the above legal principles, the court below examined the case, and examined the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the defendant intruded the victim's body and collected things from the victim's house on the day when the defendant collected them from the victim's house on his own, and i.e., the defendant collected them from the victim's house on the day when he collected them.