The punishment of the court below (four months of imprisonment) is too unreasonable.

Judgment

It is a favorable sentencing factor, such as the fact that the defendant acknowledges his criminal act, the fact that the crime of this case is committed against the attempted crime, the fact that the defendant agreed smoothly with the victim, and the fact that the defendant is economically difficult.

However, considering the following factors: (a) the Defendant had the same kind and past convictions, and the Defendant was still under probation at the time of the instant crime; and (b) the lower court appears to have determined the sentence by fully considering the favorable circumstances for the Defendant; and (c) there is no change in the circumstances that would change the type of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is too unreasonable, and thus, it is not recognized that the Defendant’s assertion has no merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.