The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the circumstances alleged by the Defendant as an element of sentencing appear to have been fully considered in the sentencing of the lower court, such as the following: (a) the health condition of the Defendant, or the spouse of the Defendant incurred an injury in the course of dispute; and (b) there is no particular change in the situation that is the condition of sentencing after the lower judgment was sentenced.

In full view of all of the sentencing factors indicated in the pleadings of the instant case, including the Defendant’s age, character and behavior, environment, background and motive leading up to the instant crime, circumstances before and after the instant crime, degree of injury, etc., the sentencing of the lower court is too unreasonable and it cannot be said that the Defendant exceeded the reasonable scope of discretion, considering the following: (a) the Defendant did not receive a written indictment from the victim; (b) the Defendant repeatedly committed the crime despite having been sentenced to a suspended sentence or a fine throughout several times due to the same crime; and (c) some of the crimes committed while a criminal trial is pending.

Therefore, the defendant's assertion is without merit.

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.

[However, according to Article 25 (1) of the Rules on Criminal Procedure, "the defendant" as stated in the fourth criminal facts in the judgment of the court below is corrected as "the victim"].