The defendant's appeal is dismissed.

1. The summary of the reasons for appeal (one year of imprisonment, confiscation) of the lower court is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the sentencing determination in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant recognized the instant crime.

In consultation with the victim D, the above victim was unable to punish the defendant.

However, even though the defendant was sentenced to transfer of juvenile protection cases or criminal punishment due to theft, intrusion upon residence, etc., he/she again committed the crime of this case during the period of probation.

The crime of this case is a theft by opening a corrected door using a steel shed and by intrusion upon a house, and the method of the crime is also bad.

There is no change in the circumstances that may change the punishment of the court below in the trial.

Considering the above circumstances and the sentencing conditions, such as character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

3. Accordingly, 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.