The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The fact that the defendant's mistake was pened in depth during the prison period between approximately three months, and that the defendant is a person with a disability (Grade V) is favorable to the defendant.

However, the statutory penalty for the instant crime is a fine not exceeding one year or three million won. Since the instant crime was committed during the period of suspension of execution, it is impossible to suspend the execution of punishment when choosing imprisonment. The Defendant has been punished eight times for the same crime. In particular, the Defendant has already been sentenced to the maximum (3 million won) of the fine through two times.

On November 8, 2016, it is inappropriate to take the first place of a fine, since the two years of suspended sentence for one year of imprisonment for the same crime, etc. was sentenced to two years of suspended sentence, and the crime of this case was committed again, and it was committed again.

In addition to the judgment of the court below, considering the various conditions of sentencing as shown in the arguments, such as the defendant's age, sex, environment, social ties, and circumstances after the crime, the sentence of the court below is deemed appropriate.

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.