상해
The defendant's appeal is dismissed.
1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is unreasonable because the punishment of the court below (the imprisonment of six months and the fine of three million won) is too large.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court just because it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ from
(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original judgment on the grounds that new materials for sentencing have not been submitted in the trial and the lower court did not recognize that the lower court’s sentencing is too too unreasonable and exceeded the reasonable scope of discretion.
Therefore, the defendant's assertion of unfair sentencing is not accepted.
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.