The defendant's appeal is dismissed.

1. The sentence imposed by the court below (five months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant’s misunderstanding against his mistake did not repeat again, and that the instant intrusion upon the residence and theft crime of this case were committed once.

However, in full view of the following circumstances: (a) the Defendant had already been punished twice due to larceny; (b) the Defendant violated the residence and stolen precious metals and cash; (c) the nature of the offense was serious in light of the method and result of the offense; (d) the damage was not recovered; and (e) other circumstances that are the conditions for sentencing, such as the Defendant’s age, environment, etc., the sentence imposed by the lower court is not heavy even when taking into account the above favorable normal data.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.