Text
The defendant's appeal is dismissed.
Reasons
1. Of the facts charged against the Defendant, the lower court rendered a not-guilty verdict on the part that the Defendant purchased philophones around October 2017, and convicted the Defendant of the remaining facts charged.
The judgment of this court is limited to the guilty part of the judgment of the court below, since only the defendant appealed from the guilty part of the judgment of the court below and the acquittal part is separately confirmed.
2. The summary of the grounds for appeal (e.g., a crime described in paragraphs (1) and (2) of the facts constituting the crime in the original judgment): Imprisonment with prison labor for 4 months and 2-B, (c) of the facts constituting the crime in the original judgment, and (d) are too unreasonable.
3. The Defendant recognized the facts charged and opposed to the mistake.
However, since the defendant committed each of the crimes listed in paragraphs (1) and (2) of the same Article in the judgment of the court below while being subject to criminal trials for the same crime, and was sentenced to a suspended sentence of imprisonment for the same crime, and again committed each of the crimes listed in paragraphs (2), (c) and (d) in the judgment of the court below during the suspended sentence period, it is inevitable to punish
In full view of the various circumstances, including the Defendant’s age, character and conduct, motive and background of the crime, and circumstances after the crime, etc., the sentencing of the lower court cannot be deemed unfair because it goes beyond the reasonable scope of discretion.
The defendant's assertion of unfair sentencing is without merit.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.