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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant was in a state of mental disability at the time of each of the instant crimes.
B. The lower court’s imprisonment (one year of imprisonment and confiscation) against the Defendant is too unreasonable.
2. Determination on the grounds for appeal
A. In light of the background, means, and method of each of the crimes of this case, the Defendant’s behavior before and after the crime was committed, etc. acknowledged by the evidence duly adopted and examined by the lower court, it is not deemed that the Defendant had the weak ability to discern things or make decisions at the time of each of the crimes of this case.
Therefore, the defendant's argument of mental disability is without merit.
B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The following are favorable to the Defendant: (a) the Defendant has no record of punishment that exceeds a fine yet; and (b) the Defendant has no record of punishment that exceeds a fine yet.
However, the defendant has already been punished for the same kind of crime, each of the crimes of this case was many victims, committed repeatedly in accordance with the same kind of law, and the nature of the crime was poor, and the defendant did not receive a letter from some victims of each of the crimes of this case until now, and the defendant does not have sufficient circumstances after the crime, such as obstructing the duties of the above detention house employees, among the crimes committed in the Seoul Eastern Detention House for the trial of the court below, and taking into account various factors considered in the court below's sentencing, including the defendant's age, character, and conduct.