The punishment sentenced by the court below (ten months of imprisonment) is too unreasonable.

Judgment

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

Although the sentence of the first instance court falls within the reasonable scope of discretion, it is desirable to refrain from imposing a sentence that does not differ from that of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). We examine the foregoing legal doctrine in light of the foregoing.

In full view of all the reasons for sentencing as stated by the court below, such as there is no change in the conditions of sentencing compared to the court below because new sentencing materials have not been submitted in the court below, and there are many kinds of criminal records for the defendant, the sentencing of the court below is not recognized to have exceeded the reasonable scope of discretion because it is too large

Defendant’s assertion is without merit.

In conclusion, 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.