2. Although the contents of the instant crime are relatively minor, the Defendant committed the instant crime in contingency to the drunk, and agreed with the victim, there are favorable circumstances for the Defendant. However, according to the reasoning of the lower judgment, the lower court is recognized to have chosen a fine by taking into account the circumstances in which the Defendant was punished by imprisonment with prison labor, including the suspended imprisonment, if the lower court fully considered the above circumstances favorable to the Defendant and thereby was punished by imprisonment with prison labor.

There is no change in circumstances that the court determines punishment differently from the original judgment. In light of the following: (a) the process and degree of damage of the instant crime; (b) the Defendant’s motive and behavior at the time; and (c) various factors of sentencing as shown in the records and arguments of this case including the Defendant’s criminal records, it cannot be deemed that the lower

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.