The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment and two years of suspended sentence) is too unreasonable.

[Defendant's defense counsel submitted on September 9, 2015 did not state the grounds for appeal in the petition of appeal, and on October 20, 2015, the reason for appeal filed by the Defendant is against the truth and truth-finding.

The sentencing of this point is always taken into account in determining the sentencing.

The reasons for appeal, including “the reasons for an unfair appeal for sentencing,” are described only in the same.

However, on April 5, 2016, the Defendant and his defense counsel stated on the first trial date of the first trial of the first instance court held on April 5, 2016 that “the Defendant filed an appeal on the grounds of mistake of facts and unfair sentencing.”

Article 361-4 (1) of the Criminal Procedure Act provides that the appellant or his/her defense counsel fails to submit a statement of reason for appeal within the period under Article 361-3 (1) of the same Act, the appeal shall be dismissed by a ruling, unless there exists any ground for ex officio examination or there is a statement of reason for appeal in the petition of appeal. Article 364 (1) and (2) of the same Act provides that the appellate court shall judge the grounds included in the statement of reason for appeal, and that the appellate court may decide ex officio on the grounds that affect the judgment, even if not included in the statement of reason for appeal.

In comparison with the above two provisions, if the appeal is lawful, the court of appeals shall judge without any need to examine whether the reason for appeal is submitted or whether the reason for appeal is included in the statement of reason for appeal. However, with respect to any reason other than the reason for ex officio, it shall be limited to cases where it is included in the petition of appeal or in the statement of reason for appeal submitted within the prescribed period, unless it is stated in the petition of appeal, and the reason for appeal shall be exceptionally affected by the conclusion of the judgment.