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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below on the defendant (one year and four months of imprisonment) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant recognized the crime and reflects, and that part of the amount of damage was discharged to the victim of the crime of extortion is favorable to the Defendant.
However, such circumstances are all revealed in the process of the judgment of the court below, and there is no new circumstance or special change of circumstances to be reflected in the sentencing after the decision of the court below.
In full view of the following circumstances: (a) the Defendant committed a second offense during the period of repeated offense due to fraud; (b) the Defendant committed a crime of extortion in prison; and (c) and all other circumstances constituting the conditions for sentencing as indicated in the records and pleadings, the lower court’s sentence is excessively excessive and unfair by exceeding the reasonable discretion.
3. 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.