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The defendant's appeal is dismissed.
Reasons
1. The lower court’s punishment (two years and six months) is too unreasonable in light of the following: (a) recognizing the crime of the appellate brief’s summary of the grounds for appeal, reflecting the fact that it is against the nature of the crime; (b) making it difficult for the elderly to maintain their livelihood; and (c) taking into account the circumstances in which the elderly’s parents who are not healthy.
2. The lower court, as indicated in its reasoning, determined the Defendant’s punishment by taking into account the favorable or unfavorable circumstances of the Defendant.
The circumstances alleged by the Defendant on the grounds of appeal were already considered in the course of examining the sentencing of the lower court, and there are no new changes in circumstances that may change the sentence of the lower court in the trial.
The sentence of the lower court is imposed only on the maximum sentence that can be imposed by law within the scope of the term of imprisonment mitigated (two years to fifteen years). The mother of the Defendant continues to endeavor to recover damage in the lower court and the first instance court and continues to return the Defendant to his family.
However, it is difficult to suspend the execution of the sentence against the defendant in the present situation where the injured person complains of heavy physical and mental pain due to the defendant's crime and wants to punish the defendant, and there is no intention to agree in the future.
In addition to these circumstances, comprehensively considering all the sentencing conditions under Article 51 of the Criminal Act, which were shown in the lower court’s and the party’s arguments, the lower court’s sentence cannot be deemed to be unfair because it is too unreasonable as the grounds for appeal are the same.
Defendant’s assertion 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 for conclusion is without merit.