The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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, etc.). The lower court considered the following: (a) the Defendant’s punishment was determined; (b) the Defendant had the past record of having been punished for the same kind of crime in unfavorable circumstances; and (c) the Defendant committed a second offense without being aware of the fact that he/she was under criminal trial for the same crime during the period of repeated crime due to the same kind of crime; and (b) the extent of damage favorable to the victim is relatively minor;

As above, the lower court determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, and deemed that the circumstances alleged by the Defendant as the grounds for appeal were already reflected in the sentencing process of the lower court, and there are no special changes in circumstances that would change the sentence of the lower court in the trial.

In addition, considering the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, as well as the circumstances after the crime, the lower court’s sentence against the Defendant cannot be deemed to be too unreasonable as it goes beyond the reasonable scope of its discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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.