The defendant's appeal is dismissed.

1. The defendant or defense counsel of the gist of the grounds for appeal shall state matters not included in the grounds for appeal in the appellate court;

Even if there is no ground for appeal as otherwise alleged in the statement (Supreme Court Decision 98Do1234 delivered on September 22, 1998). Thus, inasmuch as the Defendant stated only the grounds for appeal on the grounds of appeal as the grounds for appeal in the statement of grounds for appeal, the Defendant stated that he filed an appeal on the grounds of fact, misunderstanding of legal principles, and unreasonable sentencing on the date of the first trial, it cannot be deemed that there exists the grounds for appeal of the “unjustifiableness” even if he stated that he filed an

Meanwhile, even in a case where a defendant appealed on the grounds of mistake of facts and misapprehension of legal principles, the appellate court may reverse the judgment of the first instance on the grounds of unfair sentencing ex officio (Supreme Court Decision 90Do1021, Sept. 11, 1990). In the case of this case, there is no change in the sentencing conditions compared with the judgment of the court below since new sentencing data that can change the sentence of the court below were not submitted at the trial. Considering the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc. and all the sentencing conditions specified in the records and arguments of this case, the court below's punishment is too unreasonable and it is not recognized that the judgment of the court below exceeded the reasonable scope of discretion on the grounds of unfair sentencing ex

A. In particular, night work at C (hereinafter “the instant medical center”) on which the Defendant is a representative, constitutes surveillance and control work as it consists of sporadic and intermittent work, and is in a form of recess or waiting time, and thus, it is difficult to calculate the total working hours plus weekly work and night work, and the agreement to pay a contribution as a comprehensive wage system is not disadvantageous to the instant medical care center, and is deemed justifiable in light of various circumstances.