The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles, the Defendant did not completely associate with the Defendant at the time of the instant case and did not commit the instant crime.

In addition, the crime of this case is only an attempted larceny, and does not constitute a thief violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court that the Defendant did not commit the instant crime, the lower court fully recognized the Defendant’s attempted to steal property by intrusion upon the victim’s residence at night, as stated in the instant facts charged, at night.

Therefore, the judgment of the court below with the same conclusion is just, and this part of the defendant's assertion is difficult to accept.

1) On the day of the instant case, the victim’s intrusion into the victim’s residence, and the investigation agency analyzed CCTV around the on-site on the day of the instant case. As a result, the investigation agency conducted an analysis of the CCTV around the instant case: (a) 22:10, the date and time of the instant crime; (b) the remainder was colored in the form of V from the shoulder to the chest part; and (c) the man suffering from the brightness of the victim’s wall going beyond the wall of the multi-household house in which the victim’s residence is located; (d) the victim’s residence (103 subparagraph 1 of the victim’s residence); and (e) around 22:14, the victim’s residence was taken on the face of a head where the male was flading out from the wall in the front door of the said residence; (e) around 22:30.

2) As a result of the analysis of the movement of the above male by CCTV, etc. at the investigative agency, the above male car was parked in the vicinity of the crime place, and the above male entered the residence of the victim as above and went back to the crime place around 22:36 and went out around 22:40.