The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The crime of this case is committed under the mental or physical loss or mental weakness.

B. The sentence sentenced by the lower court to the Defendant (one million won penalty) is too unreasonable.

2. Determination

A. As to the assertion of mental and physical weakness, the defendant alleged that the crime of this case was committed in a state of mental and physical loss or mental weakness, but there is no evidence to acknowledge it. Thus, the above assertion by the defendant is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court as to the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances surrounding the sentencing, including the background and amount of the instant crime, the stolen goods and their value, the criminal punishment records of the Defendant, the health status of the Defendant, and the financial status of the Defendant, etc., and there is no circumstance that may newly consider in the trial of the lower court, such as that the damage was not recovered after the lower court’s judgment, and it cannot be deemed that the sentencing of the lower court goes beyond the reasonable scope of discretion, by taking into account various circumstances, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc.

Therefore, the defendant's improper assertion of sentencing 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.