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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (one million won penalty) imposed by the court below is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As new sentencing data are not submitted at the trial court, there is no change in the conditions of sentencing compared with the lower court’s judgment, and the circumstances alleged by the Defendant for unfair reasons for sentencing are deemed to have already been reflected in the lower court’s sentencing grounds; the Defendant’s period of carrying on passenger transport business in the name of D Co., Ltd. is less than two years; the Defendant’s period of carrying on passenger transport business is not shorter than two years; equity in both similar cases; the motive, means, and consequence of the crime; and the circumstances after the crime, etc., of the lower court’s sentencing cannot be deemed to have excessively exceeded the reasonable scope of discretion.
Therefore, the defendant's assertion is not accepted.
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.