The defendant's appeal is dismissed.

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

After the submission period of the written reasons for appeal, on December 18, 2017, which is submitted by the defense counsel, the summary of the oral argument (Supplement) shall be determined only to the extent that supplements the reasons for appeal specified in the written reasons for appeal.

2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.

The Criminal Procedure Law of Korea, which takes the principle of trial-oriented and direct care, has the unique area of the first deliberation about the determination of sentencing.

In addition to these circumstances and the ex post facto in light of the nature of the appellate court’s ex post facto review, the first sentencing judgment exceeded the reasonable bounds of its discretion when comprehensively considering the conditions of sentencing as shown in the first sentencing review process and the sentencing guidelines, etc.

Where it is deemed unfair to maintain the sentencing of the first instance judgment in full view of the materials newly discovered in the course of the appellate court’s sentencing review, the appellate court should reverse the judgment of the first instance court which was unfair. However, in a case where there are no changes in the conditions of sentencing compared to the first instance judgment and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, on the grounds stated in its reasoning, sentenced the Defendant to imprisonment for ten months.

The circumstances alleged by the defendant and his defense counsel as an element favorable to sentencing in the trial of a political party are already revealed in the oral argument of the court below, and were considered in the course of sentencing deliberation, and there is no change in the sentencing conditions compared to the court below because new sentencing materials have not been submitted in the trial

The court below's reasons for sentencing are various circumstances, and the age of the defendant.