The defendant's appeal is dismissed.

1. The lower court rendered a judgment dismissing public prosecution as to the insult of the facts charged, and rendered a judgment of conviction as to the remainder of the facts charged.

As a result, only the defendant appealed against the guilty portion, the dismissal of prosecution was separated and determined as it is after the lapse of the appeal period, and it was excluded from the scope of the trial of the party.

2. The sentence of the original court (ten months of imprisonment) shall be too unlimited and unfair.

3. Determination

A. According to the records, the court below determined the punishment by taking into account the following factors: (a) in light of the crime history and method, etc., the crime is inferior; (b) the degree of injury is serious and the damage is not recovered; (c) the records of punishment for the same kind of crime are several times; (d) the mistake is divided and contradictory; (e) there is no record of punishment exceeding the fine; and (e) the family environment and health conditions are imposed

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

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