The defendant's appeal is dismissed.

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court and to refrain from imposing a sentence that does not differ from the first instance court’s opinion on

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

As to this case, it is difficult to evaluate that there is a change in the sentencing conditions compared to the original judgment as the circumstances considered in the process of determining the sentence by the court below, and the defendant has committed the crime of this case several times prior to the time of the suspension of execution due to the same kind of crime, and in full view of the sentencing factors revealed in the arguments of this case, including the defendant's age, character and conduct, environment, circumstances of crime, and circumstances after the crime, etc., the sentencing of the court below is too large to exceed the reasonable scope of discretion. Thus, 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.