The defendant's appeal is dismissed.

1. The punishment of the court below (two months of imprisonment) is too heavy when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The judgment of the court below reflects the defendant's mistake, and there is a relatively small amount of damage to the crime of this case and an agreement with the victim. However, the crime of this case is a case where the defendant steals property by using the vehicle in collaboration with the co-defendant B of the court below, and the statutory punishment of special larceny under the Criminal Act is only one year to ten years, and not less than imprisonment. Even if discretionary mitigation is made, the maximum punishment of punishment is not less than six months, and the defendant is sentenced to imprisonment with prison labor for not less than six months, and on October 23, 2008, the defendant was sentenced to punishment for attempted murder, violation of the Road Traffic Act (unlicensed Driving) at the Gwangju High Court of Gwangju on June 25, 201, and thus, the sentence is inevitable to be sentenced as a person who is disqualified for probation as of June 25, 201 by completing the execution of the above punishment, considering the favorable circumstances of the defendant, and there is no reason to view the defendant's age, character and behavior, and all other circumstances presented.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.