The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (4 months of imprisonment) is too unreasonable.

2. The crime of this case is recognized as a theft of property by the Defendant’s intrusion upon the structure at night. It is recognized that the Defendant recognized and reflected the crime of this case, the amount of damage is over US$ 100, and the injured party sought the Defendant’s wife by making an agreement with the injured party by paying the damages to the injured party and making a full agreement with the injured party.

However, the Defendant had the record of having received juvenile protective disposition several times for the same crime, and even during the repeated crime period for the same crime, the nature of the crime is not good, and the risk of the crime itself which steals another's property by damaging the structure at night is not much high. As to the crime of this case, the Criminal Act only provides imprisonment with prison labor by taking into account the seriousness of the crime, and it is inevitable to sentence the Defendant’s imprisonment with prison labor, taking into account all other circumstances, such as the Defendant’s age, sex behavior, motive, means and consequence of the crime of this case, and circumstances after the crime, etc., it cannot be deemed unfair because the sentence imposed by the lower court is too excessive.

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.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.