The defendant's appeal is dismissed.

1. The sentence imposed by the lower court (two years and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant was aware of the instant crime, against his or her wrong mistake, and the amount of damage was not so high.

However, the crime of this case is committed by the defendant who intrudes on a building at night, thereby cutting down and cutting down the building materials into hand, and is not in the nature of the crime.

Although the defendant had been sentenced to punishment for the same kind of crime several times, he again committed the crime of this case during the period of repeated crime due to the previous crime.

Although the defendant was unable to seek jobs after his release and went to commit the crime of this case, there is no effort to improve his character and behavior despite repeated crimes and punishment.

Now, the instant crime was restored to the Plaintiff’s position.

The judgment below

Since then, there is no circumstance that can be mitigated considering new sentencing in the court.

In addition, in full view of all the sentencing circumstances shown in the records and theories of this case, including the defendant's age, sex, family environment, background of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition by the court below (see, e.g., Supreme Court Decision 200Da36442, Apr. 1, 200). However, since it is apparent that the application of the law on the aggravation of repeated offense was omitted due to mistake in the application of the law, pursuant to Article 25(1) of the Regulation on Criminal Procedure ex officio