The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment, confiscation) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(Supreme Court Decision 2015Do3260 Decided July 23, 2015). It is advantageous that the Defendant shows the attitude to recognize and reflect the instant crime. However, the Defendant had the record of criminal punishment several times for the same crime. In particular, the Defendant was sentenced to imprisonment with prison labor for ten months on February 14, 2013 and was sentenced to a fine for gambling on April 20, 2013 after the execution of the sentence was completed, and committed the instant crime even during the period of repeated crime, even if he/she was sentenced to a fine for gambling on April 13, 2015 after the execution of the sentence was completed, the Defendant’s age, character and behavior, environment, motive and background of the instant crime, means and method of the instant crime, and circumstances after the crime was committed, and thus, it cannot be deemed that the lower court exceeded the reasonable scope of discretion or is too unreasonable.

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.