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The defendant's appeal is dismissed.
Reasons
1. The court below dismissed the prosecution against each of the facts charged in the instant case, and convicted each of the remaining facts. Since the dismissal part of the judgment below among the judgment below is separated and confirmed as it is by appeal against the conviction only, the scope of the judgment of this court is limited to the guilty part of the judgment below.
2. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
3. In light of the judgment, the court below sentenced the above sentence to the defendant on the ground of the sentencing as stated in its reasoning. The defendant shows an attitude against the defendant in a timely and consistent manner to commit the crime of this case, and agreed with the victim I, victim F of a special assault crime, witness K of a public performance and obscenity, etc., each of the circumstances alleged in favorable sentencing in the court below is deemed to have been sufficiently taken into account while determining the punishment at the court below. The defendant submitted a written agreement with F and K on June 15, 2018. According to the records, F and K already expressed their intention not to punish the defendant at the investigation stage (Article 4 rights No. 39 and rights No. 5 rights No. 12 of the evidence record). Unless there are special circumstances, the court below considered it as materials.
Since it is reasonable to see that there is a new change in circumstances concerning sentencing conditions in the trial on the basis of the above agreement.
not be deemed to be the case.
In light of the fact that the Defendant had repeatedly committed violent crimes in the state of drinking drinking from October 2016 and received a disposition from the prosecution of the same kind of crime not having the right to institute a prosecution from the prosecution five times, etc., the sentencing of the lower court exceeded the reasonable scope of discretion because the judgment of the lower court is too large.
shall not be appointed by a person.
4. In conclusion, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.