응급의료에관한법률위반등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant committed the instant crime; (b) was aware of the fact that he committed the instant crime; (c) was able to take into account the circumstances leading up to the commission of the instant crime; and (d) was able to take into account the health condition; and (c) was committed.
2. The current Criminal Procedure Act, which takes the principle of trial-oriented and directness, has the unique area of the first instance court as to sentencing determination in the current Criminal Procedure Act, so it is reasonable to respect the first instance court’s sentencing determination 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined the sentence by fully considering the above circumstances asserted by the Defendant. In addition, the lower court appears to have determined the sentence in light of the Defendant’s criminal power and the substance of the instant crime, including the fact that the nature and character of the offense is not easy in light of the Defendant’s criminal history, the submission of new materials for sentencing that can change the sentence of the lower court was not submitted at the trial court, and considering the following factors, the lower court’s age, character, environment, motive, means and consequence of the crime, etc.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.