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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.
Normal circumstances that are favorable to the defendant's recognition of the crime of this case: ① The defendant has been punished several times, including two times of punishment for driving alcohol, ② the violation of the Punishment of Violences, etc. Act (Intimidation such as group deadly weapons, etc.) in the Cheongju District Court's Assistance on December 26, 2014, which was sentenced to 6 months of imprisonment and 2 years of suspension of execution on January 3, 2015, which became final and conclusive on January 3, 2015, and the crime of this case was committed despite the period of suspension of execution. ③ Although the crime of this case was due to the well-known exploitation before the crime of this case, even if the court below determined that the above circumstances were confirmed through additional data submitted in the trial, the judgment of the court below exceeded the reasonable limit of discretion.
It does not seem unfair to maintain the judgment of the court below as it is.
Therefore, the defendant's double punishment cannot be 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. It is so decided as per Disposition.