The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal is unreasonable because the punishment (one hundred months of imprisonment and confiscation) declared by the court below is too unreasonable.

2. The fact that the judgment recognizes the Defendant’s mistake, and that the amount of damage caused by the larceny is relatively large, and that the victim does not want the punishment of the Defendant is considered as favorable to the Defendant.

However, on April 28, 201, the Defendant was sentenced to nine months of imprisonment with prison labor for a violation of the Toxic Chemicals Control Act in the Incheon District Court on April 28, 201, and committed each of the instant crimes on July 29, 2012 during the repeated crime period of not more than three years after the completion of the execution of the instant punishment on October 30, 201, and thus, the sentence of suspended execution is legally impossible and sentenced pursuant to the proviso to Article 62(1) of the Criminal Act. The Defendant has the record of being sentenced to 11 times of punishment, fine, suspended execution, and imprisonment with prison labor due to the crime of special larceny, inhale of hallucinogenic substances, etc., and the Defendant again repeated each of the instant crimes while being subject to continuous punishment for a certain period. Accordingly, it appears that it would be helpful for the Defendant to have sufficient time for the Defendant to return to himself, and the Defendant’s age, character and conduct environment, motive, circumstance, etc. of the instant crime cannot be accepted.

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