The defendant's appeal is dismissed.

1. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. In determining whether the Defendant was a party to a trial, the fact that the Defendant recognized the instant crime and is against the law, that is, the damage suffered by the victim is not serious, that the victim does not want the punishment of the Defendant, that the Defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Control of Narcotics, etc. (fence) at the Changwon District Court on January 7, 2016, and was sentenced to imprisonment with prison labor for more than one year and four months, and that the equity should be taken into account with the case where the instant crime was jointly tried.

However, the crime of this case was committed in a planned manner by the Defendant, causing the victim to have his residence, using a knife, which is a dangerous object, and the nature of the crime is very rough and not suitable, and the Defendant committed the crime of this case during the period of repeated crime for which approximately one month has not passed since he served as a crime of violating the Act on the Control of Narcotics, etc. (fence). The Defendant denies the crime of this case from the investigation stage to the lower court, allowed the victim to make a false assertion, etc., and the circumstances after the crime were committed are not very unusual and good, and the Defendant was reported to the victim at an illegal gambling place, and the Defendant received daily allowances, on the grounds that the victim did not inform the Defendant of the fact that the victim did not have known that the illegal gambling is opened, etc., it is difficult to find out the circumstances to be considered in relation to the circumstances of the crime of this case

In full view of the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., the lower court’s punishment cannot be deemed to be too unreasonable.

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