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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 rendered the above sentence by taking into account the following favorable circumstances: (a) the victim’s damage has not yet been completely recovered, and the victim did not want to punish the Defendant; (b) the Defendant committed the instant crime and the Defendant committed the instant crime in a single concurrent crime after Article 37 of the Criminal Act; and (c) the prior conviction, which became final and conclusive, should take into account equity in the case of punishment at the same time; and (d) the Defendant was the first offender without any previous conviction before the commission of the instant crime.
In full view of the fact that there is no change of circumstances in the sentencing of the lower court, other than the aforementioned unfavorable circumstances, in light of the Defendant’s age, sex, environment, circumstances leading to the Defendant’s crime, means and consequence, scale of the crime, and circumstances after the crime, the sentence imposed by the lower court is deemed reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.
There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Therefore, as claimed by the Defendant, the lower court’s sentencing is too unreasonable because it is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.