The defendant's appeal is dismissed.

1. The sentence of the lower court (five months of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Although the Defendant appears in an attitude to recognize and reflect the instant crime, he/she has the ability to be subject to criminal punishment several times for the same crime, and the Defendant was sentenced to one year of suspended sentence for six months on December 10, 2015 and the judgment became final and conclusive on the 18th day of the same month, and thus, the Defendant’s age, sex, environment, motive, method and method of the instant crime, and the record and method of the instant crime, and all of the circumstances after the instant crime, and thus, the lower court did not have any reasonable discretion to determine the scope of sentencing.

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