Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and two years of suspended execution) of the lower court 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 in the appellate
(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined the sentence of the lower court by taking into account the following circumstances as stated in its reasoning, including: (a) the fact that co-defendants, including the Defendant, jointly inflict bodily and psychological harm on the victim; (b) the physical and psychological harm suffered by the victim is not easy; and (c) the victim wishes to impose severe punishment; (d) the Defendant is a primary offender and reflecte; (e) the Defendant faithfully performed his/her duty with the Defendant’s service and faithfully performed his/her duty with his/her parents’ intent to protect, and (e) the Defendant’s duty to protect.
Although the defendant appealed against the judgment of the court below for the agreement and compensation with the victim, there was no new circumstance to change the sentence of the court below in addition to the circumstances in the court below, and considering all factors of sentencing as shown in the arguments of this case, such as the defendant's age, character and conduct, environment, motive and means of the crime, circumstances after the crime, etc., it is not recognized that the sentence imposed on the defendant is appropriate and it is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, 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. It is so decided as per Disposition.