The defendant's appeal is dismissed.

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

2. The crime of this case committed by the Defendant by intrusion upon the victim’s residence at night, and theft of clothes owned by the victim. The Defendant recognized all of the crime of this case and reflects it, and the damaged items caused by the crime of this case were returned to the victim, and the damage caused by the crime of this case is relatively insignificant.

However, the defendant has been punished for larceny 8 times in the past, in particular, since he committed the crime of this case again during the repeated crime period, it is inevitable to punish him, and as a result of the application of the sentencing guidelines of the Sentencing by the Sentencing Committee, the recommended punishment for the crime of this case is between one year and two years and six months (in case of a special appearance, "in case where he intrudes upon a place other than the actual residential space" (i.e., "in case where he intrudes upon a place other than the actual residential space)" and "special repeated crime of the same kind (i.e., a special appearance)," and the court below has sentenced four months below the above recommended punishment, taking full account of the above favorable circumstances, it is difficult to view that the defendant's age, character and behavior and environment, family relationship, circumstances leading to the crime of this case, how the defendant committed the crime of this case, and the method and result of the crime, etc., the court below's punishment is too unreasonable and it is without merit.

3. In conclusion, 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. It is so decided as per Disposition.