The defendant's appeal is dismissed.

The court below's sentence (2,00,000 won) against the defendant as to the summary of the grounds for appeal is too unreasonable.

Judgment

The normal conditions favorable to the defendant are recognized, such as the confession of the crime of this case by the defendant, against the mistake, etc.

However, the crime of this case was committed by the defendant who operated a singing practice place in the middle school without registration. In light of the contents of the crime, the crime of this case was heavy; the defendant committed several times of punishment for the same crime; the defendant closed the singing practice place and submitted a report of closure of business to the court of first instance to the effect that he does not operate the business any longer; however, even according to the above receipt certificate, the date the defendant reported closure of business; the defendant continued to run the singing practice place business in the middle school; the defendant was regulated by the police on March 16, 2017; the defendant continued to run the singing practice place business in the middle school; in our Criminal Procedure Act taking the trial-oriented principle and the direct principle, the sentencing determination has a unique area for the first deliberation and has no change in the conditions of sentencing compared with the first instance court; and the defendant did not change the conditions of sentencing and the sentencing of the first trial does not constitute an unfair change in circumstances that could be considered in the circumstances of the defendant's body after the court of first instance (see, e.g., Supreme Court Decision 2015Do36.

Thus, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the court below's decision is "legal."