The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal is unreasonable because the sentence of imprisonment (one year of imprisonment and a fine of 300,000 won) is too large.

2. However, the circumstances favorable to the defendant are that the defendant repents and reflects his wrong in depth, the amount of damage is not so big, and the defendant's health status is not relatively good, etc.

However, the defendant has been punished several times for the same crime, and in particular, since the defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and was sentenced to imprisonment for more than 3 years and 6 months due to the crime of larceny similar to the crime of larceny in this case, the defendant repeats the crime of larceny in this case, the victims' failure to take any specific measures to recover damage, taking into account the following factors: the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, and the recommended sentencing guidelines as stated in the arguments in this case, such as the defendant's age, character and behavior, family relation, circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable than the defendant's responsibility

3. 결 론 그렇다면, 피고인의 항소는 이유 없으므로 형사소송법 제364조 제4항에 의하여 이를 기각하되, 제1심 판결문 제2면 제17행부터 제18행의 “(햅쌀 2포대, 묵은쌀 1포대), 시가 6만원 상당의 묵은쌀 30kg 1포대, 시가 5만원 상당의 찹쌀 20kg 1포대, 시가 16만원 상당의 메주콩 40kg 2포대”를 “시가 30만원 상당의 콩 35kg 2포대”로 경정하기로 하여, 주문과 같이 판결한다.