Text
The defendant's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness on the market, has a unique area of sentencing in the first instance, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). As a result, there is no special submission of new sentencing data in the trial court, and there is no significant change in the conditions of sentencing compared to the original judgment. In full view of all the reasons for sentencing (in particular, the fact that the sentencing of the lower court is a repeated offense) revealed in the proceedings of the instant case, it cannot be said that the sentencing of the lower court exceeded the reasonable scope of its discretion because it is too unreasonable
3. The appeal by the defendant is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.