The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (two months of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) the amount of theft damage of this case is minor; and (c) the Defendant did not want punishment against the Defendant by mutual consent with the victim; and (d) the Defendant should have to serve the suspended sentence invalidated and suspended, if this judgment becomes final and conclusive.

However, the instant crime was committed by the Defendant’s intrusion on the structure that the victim received at night, thereby thefting the victim’s property and temporarily using the cargo vehicle owned by the victim. On January 30, 2015, the Defendant was sentenced to the suspension of the execution of six months from the Ulsan District Court for special larceny, which was sentenced to the suspension of execution on February 7, 2015, and the said judgment became final and conclusive on February 7, 2015, and again commits the instant crime in the same kind during the suspension period, etc.

In full view of the above favorable circumstances and unfavorable circumstances, the scope of statutory punishment for the instant crime (the night structure intrusion larceny is stipulated only as imprisonment, and no fine is prescribed) and other various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the instant crime, etc., and the sentencing conditions specified in the trial process, where the lower court’s conviction becomes final and conclusive, even if there are circumstances where the sentence already finalized and conclusive is invalidated, it cannot be deemed that the lower court’s punishment is excessively unreasonable, and thus, the Defendant’s assertion is groundless.

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