The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (five months of imprisonment) is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized all of the instant crime; and (b) the amount of damages therefrom was a small amount of damage (75,00 won in a commercial building, 20,000 won in sales); and (c) the amount of damages was immediately returned.

However, the Defendant was punished several times for committing the same larceny (five times of fine, one time of suspended sentence), and in particular, even though he was sentenced to imprisonment with prison labor for the same crime on August 12, 2016 and was sentenced to a two-year suspended sentence for the same crime on the same day on August 12, 2016, the Defendant was going to commit the instant larceny, which is disadvantageous to the Defendant.

In full view of the conditions of all the sentencing indicated in the records and arguments in this case where there is no change in circumstances that could change the sentence of the court below for the time in the appellate trial, including these circumstances, the sentence imposed by the court below is too unreasonable and is exceeded the scope of reasonable discretion.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

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.