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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal (e.g., both of the instant crimes are crimes committed under the influence of alcohol by the Defendant, and there are circumstances that may be considered in light of the circumstances. However, considering the following: (a) the Defendant committed a crime while under the influence of alcohol; and (b) the victim H, L, N, D and only agreed with the victim H (unusedmen), L, D and thus the victims were not subject to punishment against the Defendant, the lower court’s imprisonment (a year and six months of imprisonment and a fine of three million won) is too unreasonable.
2. Determination on the grounds for appeal
A. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
In light of the reasoning of the sentencing, the court below determined the punishment by taking into account the disadvantage or favorable circumstances of the defendant as stated in the reasoning of the sentencing. The favorable sentencing factors emphasized by the defendant in the court of the trial are already considered in the court below's determination of the punishment at the court below. The defendant, who had been under repeated crime period, committed each of the crimes in this case without being involved in the crime, and the nature of the crime in light of the motive and content of each crime, and the fact that the nature of the crime is not less complicated in light of the motive and contents of each crime, as well as other circumstances where new sentencing materials that can change the sentence of the court below are not added in the court of the trial, including the defendant's age, character, character, occupation, occupation, environment, family relationship, circumstances after the crime, etc., it cannot be said that the court below's punishment is too inappropriate and unfair even if it is further reviewed in consideration of the two factors of all the sentencing specified in the record
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