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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.
2. Determination is based on the circumstances favorable to the defendant, such as the fact that the defendant had an attitude to recognize and reflect his mistake, in the case of larceny crimes, the damaged items have been returned, and the damaged person does not want the punishment of the defendant.
On the other hand, however, the fact that the defendant has the same ability to punish the defendant, and that the criminal act of this case appears to have never shown any doubt despite being employed as a repeated offender, and that the defendant could not receive a letter from the victim of intimidation, etc. is disadvantageous to the defendant.
In addition, in full view of all the conditions of sentencing indicated in the records, such as the Defendant’s age, environment, sex, circumstances after the crime, and whether the change of circumstances occurred after the sentence of the lower judgment, the sentence imposed by the lower court cannot be deemed unfair due to the excessive reason.
Therefore, the defendant's 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.