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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. Under our criminal litigation law, which takes the principle of court-oriented trials and directness, there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant appears to have an attitude to recognize and reflect the crime of this case favorable to the Defendant, or that the Defendant has the history of having been subject to criminal punishment several times for the same crime even before the instant crime was committed. In particular, the Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on June 27, 2014, a violation of the Road Traffic Act (unlicensed Driving), and was sentenced to a suspended sentence of ten months on July 5, 2014, while the judgment became final and conclusive, and that the Defendant’s age, age, motive, method, and method of the instant crime, and all of the instant circumstances after the instant crime were found to be excessive or excessive.
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.