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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an imprisonment of 2 years, 40 hours, 40 hours, and 40 hours, 40 hours, and 40 hours of alcohol treatment lectures) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no change in the conditions of sentencing compared to the lower court on the grounds that no new data on sentencing have been submitted at the appellate court.
The defendant asserts that the defendant's order of domestic violence treatment lectures, alcohol treatment lectures, and community service orders imposed by the court below are too long to the extent that they interfere with livelihood activities, and thus are unfair.
However, even though the defendant had a record of criminal punishment several times due to the same crime, it is highly likely that the defendant will commit the same kind of crime by using dangerous objects, and thus, commit the same crime.
The lower court imposed each order of domestic violence therapy, alcohol therapy and community service order to lower the likelihood of recidivism, by taking into account the circumstances such as the recognition of the Defendant’s crime of this case and the reflection thereof, and the agreement with the victim.
Considering that each of the above orders to attend a lecture and community service order have the nature of security disposition, not punishment, and the possibility of a flexible execution in consideration of the given condition and health condition of the subject at the execution stage, it is reasonable for the court below to order the domestic violence therapy lectures for 40 hours, the alcohol therapy lectures for 40 hours, and the community service for 40 hours within the reasonable scope of discretion.
The above circumstances and the criminal history, age, sex, environment of the defendant, and others.