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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is against the defendant, and since he is old, the court below's imprisonment (two years of imprisonment) is too unreasonable.
2. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Taking into account the circumstances asserted by the Defendant as favorable sentencing factors in the grounds for appeal, the lower court’s punishment is deemed to be reasonable, and is too unreasonable, considering the following factors: (a) the victims’ damages have not been recovered properly; (b) other character and conduct, environment, motive, means and consequence of the crime; (c) the circumstances after the crime was committed; and (d) the circumstances where new sentencing materials that could change the sentence of the lower court were not added in the trial.
3. 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.