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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In light of the judgment, the court below sentenced the above sentence to the defendant on the ground of the sentencing as stated in its reasoning. The defendant shows the attitude from the prosecution stage to the prosecution stage to the court of law, and the defendant suffers brain color, etc. to support the minor children, and does not have good health conditions, etc., and the defendant asserts that the sentencing favorable to the trial has already been determined by the court below, and the defendant has already taken full account of the fact that the defendant remitted the amount of KRW 10 million to recover damage to the victim when the defendant was in the trial of the party, and even if he appears to have remitted the amount of KRW 10 million to recover damage to the victim, the defendant will pay damages to the victim as soon as possible.
On February 20, 2018, the fourth and second sentence date in the original trial, but in particular, the Defendant submitted a counter-written statement to the effect that “the method of an oral agreement with the victim was derived, but failed to submit the written agreement due to lack of time,” on February 20, 2018, which was the fourth day of the lower court’s fourth order, and accordingly the pleading was resumed.
Considering the fact that the Defendant paid KRW 10 million on August 29, 2018, which was much more than two years from the date of the last crime of this case, and that there was a two-time criminal record of a fine due to fraud, etc., the lower court’s judgment of sentencing was too excessive and exceeded the reasonable scope of discretion.
shall not be appointed by a person.
3. In conclusion, 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.