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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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). The lower court determined the punishment by comprehensively taking account of various circumstances as indicated in its holding.
In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s sentencing is too excessive to exceed the reasonable scope of discretion.
3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit