The defendant's appeal is dismissed.

1. The sentence of the lower court (five months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the judgment, the Defendant appears to have committed a contingent crime in the alcohol transport, and the degree of the injury in this case is relatively not severe, the victim does not want the punishment of the Defendant under the original agreement with the Defendant, the Defendant recognized his mistake and reflected his attitude, and the Defendant’s family and branch wanting the Defendant’s preference is favorable to the Defendant.

However, the crime of this case was committed solely on the ground that there is a complaint for food or service at a restaurant, causing a scambling injury to the victim by scambling the victim's scam, and the nature of the crime is very poor in light of the circumstances of the crime, etc., and the circumstances after the crime was committed are not good. The defendant already committed 20 violent crimes, including six times a sentence, and committed a repeated crime of the same kind, and there are unfavorable circumstances against the defendant, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, change of circumstances after the sentence of the judgment below, etc., even if considering the economic situation and family relation of the defendant, etc., it cannot be said that the punishment of the court below is unfair because it appears that there is a reasonable and appropriate scope.

Therefore, the defendant's above assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the grounds that the “crime record” of the judgment below is a clerical error in the “special injury crime” of Article 4 of the Punishment of Violences, etc. Act.