The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. Determination of the instant crime is recognized that the Defendant was sentenced to imprisonment not less than three times with prison labor for the larceny crime, and that the Defendant recognized the instant crime and opposed to the Defendant, and that the damaged items were returned to the victim, and that only agreed with the victim.

However, the Defendant went to commit the instant crime without being aware of the fact that he was in the period of repeated crime due to the same crime. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) is a serious crime, the statutory penalty for which cannot be sentenced only to imprisonment for not less than 2 years but not more than 20 years, and thus, cannot be sentenced to a fine. Therefore, the sentence of a sentence is inevitable for the Defendant to be sentenced due to the reason that the suspension of execution was a cause for the Defendant’s suspension of execution. The lower court, taking into account the favorable circumstances for the Defendant, sentenced to the highest punishment within the scope of the statutory punishment, and taking into account all other circumstances such as the Defendant’s age, sex, motive, means and consequence of the instant crime, and the 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.