The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that considering the economic situation of the defendant, such as that the defendant suffers from bet's physical disease and health conditions are not good, the court below's punishment (three million won of fine) is too unreasonable.

2. Determination

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 above legal principles, the court below sentenced the above sentence to the defendant on the ground that the defendant did not gain any benefit from the crime of this case and did not have the same kind of power. In light of the above favorable circumstances emphasized by the defendant in the trial, the court below cannot be deemed to have judged that the punishment of the court below is appropriate, and it exceeded the reasonable scope of discretion because it is too too too unreasonable, in consideration of the following factors: the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other various sentencing conditions in the records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.