The defendant's appeal is dismissed.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case 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 en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court, and in full view of the factors revealed in the argument in the instant case, the lower court’s sentencing is too excessive and so it cannot be deemed that the lower court exceeded the reasonable scope of discretion.

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

(However, in the judgment of the court below, the application of the law is to be corrected to add it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure, since it is apparent that repeated crime has been put in error, Article 35 of the Criminal Act among repeated crime 1.