The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence of the lower court (4 months of imprisonment) is too unreasonable, taking into account the following: (a) the Defendant was committed by all the facts of the instant crime, and was able to reflect in depth the mistake and make every effort to recover damage.

2. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to 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.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.

In light of the above legal principles, the above circumstances alleged by the Defendant as favorable factors for sentencing in the trial are deemed to have been sufficiently considered in the court below’s sentencing. In addition, the court below’s sentencing is deemed to be appropriate in light of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., including the circumstances where new sentencing data that could change the sentence of the court below did not have yet been added in the trial, and the new sentencing data that could change the sentence of the court below was not added in the trial.

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