beta
Text
The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of 10 months and the fine of 3 million won) 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, etc.). It is recognized that the Defendant mistakenly recognized the Defendant, and where the Defendant’s imprisonment is finalized, the circumstance is that the suspension of execution should be invalidated and the Defendant should be additionally sentenced to imprisonment for ten months.
However, despite the repeated warning given by the protective observation officer, the Defendant repeatedly violated the code of practice and impairs the utility of the electronic device.
In addition, the defendant committed the crime of this case without being aware of the fact that he was sentenced to a fine on two occasions for violating the matters to be observed even before the crime of this case was committed, and that he committed the crime of this case without being aware of the fact that he was under suspension of execution of official duties by the public officials belonging to the Protection Monitoring Office.
There is no new change in circumstances that could change the original court's punishment in the trial.
In addition, when comprehensively taking into account the Defendant’s age, family relationship (the marriage on November 2017, which appears to have two ties with his wife and other family members), etc. as shown in the hearing of the lower court and the party, the sentence imposed by the lower court was conducted within the reasonable scope of discretion, and is not hot.
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.