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The defendant's appeal is dismissed.
Reasons
1. The court below accepted an application for compensation order filed by the applicant for compensation by the original court. The defendant shall be deemed to have appealed the part of the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings by filing an appeal against the original judgment.
However, the defendant and his defense counsel did not state the grounds for appeal regarding the part of the order for compensation in the petition of appeal and the statement of grounds of appeal submitted, and even if ex officio examination, the grounds for revoking and amending the order for compensation cannot be found.
2. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.
3. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the circumstances alleged by the Defendant as an element of sentencing were revealed in the hearing process of the lower court and sufficiently considered. There was no particular change in the situation that is the condition of sentencing after the sentence of the lower judgment.
In full view of all the factors of sentencing indicated in the arguments in the instant case, including the Defendant’s age, character and conduct, environment, the background and motive leading to the instant crime, and the circumstances before and after the instant crime, the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because it is too unreasonable.
Therefore, the defendant's assertion is without merit.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.