상해
The defendant's appeal is dismissed.
1. The reasoning for appeal is that of the lower court’s punishment (four months of imprisonment) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking account of the circumstances favorable to the Defendant and unfavorable conditions
The circumstances alleged by the defendant on the grounds of appeal (e.g. confession and reflectivity, background of this case, agreement with the victim, educational background of the defendant, family relationship, occupation, medical history, etc.) seems to have already been considered in the sentencing process of the court below.
In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.
When comprehensively considering the sentencing conditions, such as the character and conduct of the defendant, the environment, motive, means and consequence of the crime, and the circumstances after the crime, as shown in the deliberation by the court below and the party concerned, including the fact that the defendant committed the crime in this case even during the period of suspension of execution, the sentence of the court below is too unfair because it exceeds the reasonable scope of discretion.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.