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The defendant's appeal is dismissed.
Reasons
1. The sentencing of the court below (4 months of imprisonment) is too unreasonable.
2. Determination
A. According to the records, the court below determined punishment in consideration of various sentencing reasons, including the fact that the defendant committed the crime of this case during the period of probation due to special assault, in light of the specific attitude of the crime, the nature of the crime is inferior, the danger is considerable, and the agreement with the victim is reached.
B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.
C. Therefore, the defendant's assertion of unreasonable 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 ground that it is without merit. It is so decided as per Disposition.