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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the lower court (one year and four months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The instant crime was committed by the Defendant against many and unspecified persons, which led to approximately twenty victims, and the total amount of damage was approximately KRW 12.9 million.
Not only five times the defendant has been punished for the same crime (three times of imprisonment and fine) but also the crime of this case also constitutes a repeated crime resulting from the same crime, it is necessary to punish him with heavy punishment.
Although the Defendant was suffering from damage equivalent to KRW 1 million in the first instance court, the above degree of damage recovery cannot be deemed as a significant change in circumstances that could change the original court’s punishment in the first instance court.
When comprehensively considering the sentencing conditions, such as the defendant's age, sex, environment, etc., as shown in such circumstances, and the deliberation of the original court and the party, and the scope of the recommended punishment according to the sentencing guidelines, the sentence of the original court cannot be deemed to have exceeded the reasonable scope of discretion or to be unfair because it is too unreasonable.
3. Accordingly, 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.