The defendant's appeal is dismissed.

1. The sentence of the lower court (one year of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the lower court’s sentencing is too unreasonable because it goes beyond the reasonable scope of discretion and, thus, does not constitute a special change in circumstances that could change the sentence of the lower court, as it does not fall under a different change in circumstances, and there is no change in sentencing conditions compared with the lower court on the ground that a new sentencing data was not submitted. In full view of the reasons for sentencing revealed in the proceedings of the instant case, the lower court’s sentencing is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, 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 term “the proviso of Articles 35 and 42 of the Criminal Act from among repeated offenders” of the lower judgment ex officio pursuant to Article 25(1) shall be deleted, and “Articles 25(1) and 55(1)3 of the Criminal Act from among voluntary mitigation” of “1. Articles 53 and 55(1)3 of the Criminal Act from among discretionary mitigation.”