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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the reasons for appeal (two months of imprisonment) is too unreasonable.
2. The lower court rendered a sentence by taking into account the following circumstances: (a) the nature of the instant crime is not good in light of the background and method of the instant crime; (b) the Defendant had the record of having been punished several times of the same kind of crime; (c) the amount of damage is relatively small; (d) the equity between cases where the first head judgment stated in the lower judgment becomes final and conclusive at the same time as the crime of embezzlement, etc. is to be considered; and (e) other various circumstances, including the Defendant’s age, sexual conduct, and the circumstances after the instant crime, which
In full view of the reasoning of the lower judgment’s sentencing, the lower court’s judgment exceeded the reasonable bounds of its discretion, by comprehensively taking account of the fact that the Defendant agreed with the victim or did not recover from damage.
There is no change in sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is in the first instance court. Thus, the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the defendant is too large.
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. It is so decided as per Disposition.