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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (ten months of imprisonment) 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). The fact that the Defendant acknowledges and reflects his/her mistake, and that the Defendant has no record of punishment for a considerable period of time due to the same crime is favorable to the Defendant.
However, the sentencing of the lower court appears to have been made within the reasonable scope of discretion, taking into account all the sentencing conditions in the pleadings, including the Defendant’s age, character and behavior, environment, circumstances leading up to the crime, means and consequence, and the circumstances after the crime, and there is no special circumstance to change the sentencing of the lower court, so it cannot be said that the lower court’s punishment is unfair because it is too unreasonable, given that there is no reason to change the sentencing of the lower court’s sentencing.
Therefore, the defendant's above assertion is without merit.
3. 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.