The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The following are the circumstances favorable to the Defendant: (a) the Defendant has become a party to a trial, thereby recognizing and reflecting all of his/her mistakes; and (b) the degree of assault is relatively minor.

Meanwhile, in light of the background leading up to the instant crime, etc., there was a record of punishment several times including bad quality of the crime, suspension of sentence of imprisonment for the same kind of crime, and in particular, there is no awareness of compliance such as repeated committing the instant crime during the suspension period for the same crime, and it is determined that the risk of recidivism is high, and that the agreement with the victim or failure to receive a letter from the victim is disadvantageous to the Defendant.

Therefore, the court below determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the defendant, and there is no circumstance that can be newly considered in the trial.

In addition, comprehensively taking account of the various circumstances, such as the motive and means of the crime and the circumstances after the crime, etc., the sentencing of the court below cannot be deemed to be so excessive that the sentencing of the court below goes beyond the reasonable scope of discretion.

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.