The defendant's appeal is dismissed.

Improper sentencing of the summary of reasons for appeal: The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The sentencing guidelines established by the Sentencing Committee based on Articles 81-2 and 81-6 of the Act on the Organization of Courts for the Determination of Sentencing (hereinafter “Sentencing guidelines”) are “reasonable, concrete, and objective setting” through the “procedures prescribed by the Act” in order to realize “fair, objective sentencing that makes it possible for the people to trust,” and “public disclosure” must be respected when judges choose the type of punishment and determine the sentence (see Articles 81-2 through 81-12 of the Act on the Organization of Courts). In a case where the court intends to enter the grounds for the sentencing in the written judgment following a judgment deviating from the sentencing guidelines, it shall enter the grounds in a way that expresses the relevant sentencing in a reasonable and persuasive manner, taking into account the factors, effects, etc. of the sentencing guidelines (see, e.g., Supreme Court Decision 2010Do7410, Dec. 9, 2010).

In this case, the recommendations according to the sentencing guidelines for the same crime as the instant case are two years and six months to five years (basic areas).

2) In a comprehensive consideration of the sentencing conditions expressed in the arguments, including the situation at the time of the lower court’s decision and the fact that the defendant’s main person submitted an application for the sentencing in the trial, up to the appellate trial, the sentence imposed by the lower court is too heavy within the scope of the recommended sentencing guidelines.

It is difficult to see it.

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.