The defendant's appeal is dismissed.

1. The punishment sentenced by the original court (one year of imprisonment) which has been sentenced to the summary of the reasons for appeal is too unreasonable;

2. In light of the fact that the defendant recognized the crime of this case as well as his depth, the victim's payment of KRW 2 million to the victim and agreed that the victim does not want the punishment of the defendant, and the defendant's health condition is not good, even though the defendant had a record of having been sentenced to imprisonment with prison labor for larceny several times, it is inevitable to punish the defendant as long as the defendant committed the crime of this case, and the sentence imposed by the court of original judgment is the most short sentence that can be sentenced after mitigation of volume for the defendant, who is the person under suspended execution, after mitigation of volume, the sentencing of the court of original judgment is within the reasonable scope of its discretion.

In addition, there is no change in sentencing conditions that can be newly considered in the trial.

Therefore, it is not recognized that the punishment of the judgment below is too unreasonable because it is too large.

3. According to the 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.