The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (1.5 million won in penalty) is unfair, because it is excessively unreasonable.
2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared to the first instance court, if the first instance court did not change the conditions of sentencing, and if the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the first instance court on the sole ground of the difference between the view of the appellate court and the lower court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, it is reasonable to respect the sentencing of the lower court on the grounds that there is no change in the conditions of sentencing, such as the background of the instant crime, the degree of intimidation, and the criminal punishment of the Defendant, as well as the overall circumstances surrounding the Defendant’s sentencing, due to the lack of any circumstance to newly consider in the first instance court.
Therefore, the defendant's argument of sentencing cannot be accepted.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.