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The defendant's appeal is dismissed.
Reasons
1. The reasoning of the appeal is that the punishment of the court below [each crime of 1,2 times each year in the Schedule of Crimes (1) and (2) of the judgment of the court below: imprisonment with prison labor for 6 months, and imprisonment with prison labor for 1 year] is too unreasonable.
2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.
The circumstance that the defendant asserts as the reason for appeal (i.e., confession) seems to have already been considered in the sentencing process of the court below.
In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.
In full view of the sentencing conditions, such as character and behavior, environment, motive, means and consequence of the crime committed at the court below and the party hearing, it cannot be deemed unfair because the court below’s sentence goes beyond the reasonable scope of discretion and is too unreasonable, considering comprehensively the following: (a) the court below’s judgment was in a trial for the same kind of crime; (b) the sentence was finalized after the suspension of the execution of imprisonment was finalized; (c) the remaining crimes were followed; and (d) the risk of recidivism by committing several crimes in a short period; and (c) the frequency and the amount of phiphonephones handled in each of the instant crimes, etc., as indicated in the arguments of the court below and the party hearing.
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. It is so decided as per Disposition.