Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court. In full view of the factors revealed in the argument in the instant case, the lower court’s sentencing is too excessive to exceed the reasonable scope of discretion, and thus, does not seem to have exceeded the reasonable scope of discretion.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per
[Ex officio in accordance with Article 25(1) of the Rules of Criminal Procedure, Article 25(1) of the Criminal Procedure Act, the term "the pertinent Article of the Act and the choice of punishment against the facts of the crime" in Chapter 14 of the judgment of the court below shall be corrected as "the pertinent Article of the facts of the crime", and the term "each choice of imprisonment" in the Chapter 3 shall be corrected as "the choice of imprisonment (for