The defendant's appeal is dismissed.

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is unreasonable.

2. The sentencing on the basis of the statutory penalty is a discretionary determination based on a reasonable and appropriate scope, taking into account the factors constituting the conditions for the sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty, and there is a unique area of the first deliberation in our criminal litigation law that adopts the trial-oriented principle and the principle of directness.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a judgment of the first instance solely on the ground that the sentence of the first instance falls within the scope of the discretion, but the opinion of the appellate court is somewhat different from the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court sentenced the Defendant to the punishment as seen in its reasoning on the grounds that the sentence of the first instance court was pronounced, and the circumstances favorable to the sentencing of the Defendant at the trial were already determined by the lower court, and the sentencing of the lower court exceeded the reasonable scope of the discretion.

It does not seem that there is no particular change in the conditions of sentencing in the trial, and it is reasonable to respect the sentencing of the court below.

Therefore, the defendant's argument of sentencing is not accepted.

3. As such, 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.