The defendant's appeal is dismissed.

An application for remedy order filed by an applicant for remedy shall be dismissed.

Summary of Grounds for Appeal

The punishment sentenced by the court below (six years of imprisonment) is too unreasonable.

Judgment

If 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). Based on the foregoing legal doctrine, most of the circumstances alleged by the Defendant as an element of sentencing were revealed and sufficiently considered during the oral proceedings of the lower court. There is no particular change in the situation that is the condition of sentencing after the sentence of the lower judgment.

In addition, considering the sentencing factors indicated in the proceedings of the instant case, such as the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, as it is too too unreasonable.

Therefore, the defendant's assertion is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

(Compensation applicant filed an application for compensation in the original trial and filed the same application for compensation again in the original trial even though the application was accepted. Therefore, the application for compensation in the original trial is not legitimate and dismissed).