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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal is that the defendant is against the crime of this case, and that there are circumstances to consider the circumstances leading up to the crime that led to driving of the vehicle for returning home to the outside place due to the lack of allocation even though he was not assigned, and the two children and their families should be supported, and the imprisonment with prison labor for 10 months under the suspended execution is also executed, it is unfair that the court below's punishment 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 principle of directness, 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.
The circumstances alleged by the Defendant as favorable factors for sentencing in the grounds for appeal are deemed to have been fully considered in the original court’s determination of punishment at the lower court. There are no new additional circumstances to change the original court’s punishment in the first instance court. Moreover, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., the lower court’s punishment is deemed reasonable and is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.