The defendant's appeal is dismissed.

1. Sentencing sentencing on the gist of reasons for appeal (the punishment of the court below: Imprisonment with prison labor for not more than ten months and additional collection);

2. Determination

A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the first-class sentencing determination.

B. Examining the record in light of the above legal principles, the reason for the illegality of sentencing alleged by the Defendant appears to have been sufficiently considered in determining the Defendant’s punishment, and the sentencing of the lower court seems to have been conducted within the reasonable scope of discretion when considering the overall circumstances related to the sentencing of this case. Therefore, it is reasonable to respect it.

Therefore, the defendant's argument of sentencing is without merit.

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.