The defendant's appeal is dismissed.

1. The sentencing of the court below (five months of imprisonment) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle as to the grounds for appeal, ought to respect the determination of sentencing in cases where 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.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). There are no special circumstances or changes in circumstances that may be newly considered in sentencing in a trial.

The lower court determined a punishment by mainly taking into account the fact that the Defendant led to the crime, including the sentence imposed, committed the same crime during the period of repeated crime, and the Defendant’s age (74 years old), economic situation, and health conditions (which are not good as a recipient of basic living), although the Defendant had been committed several times, including the sentence imposed.

In the trial court, the probation office of the government was requested to investigate the matters related to the present health status of the accused and family relations of the accused.

As a result, the defendant is not required to undergo an emergency operation, but it is found that the economic situation is not good.

In addition to the above findings, even if it is judged again by comprehensively taking account of the factors revealed in the course of the pleadings of this case, including the sale of vehicles after the crime of this case after the crime of this case, the sentence of the court below is too large and it does not seem to have exceeded the reasonable

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.