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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The lower court rendered the above sentence by taking account of the circumstances favorable to the Defendant’s health condition, such as the fact that the amount of damage is considerable, the victim is an old person who is over 80 years of age, and the victim appears to have a significant economic or mental suffering due to the instant case, the victim complained of heavy suppression and pain through multiple routes, and the Defendant’s failure to repay most of the damages to the victim, etc., and the fact that the Defendant appears to be not suitable for the Defendant’s health conditions, respectively.
In addition to the circumstances taken into account by the court below, in light of the favorable circumstances such as the confession and reflect of the crime of this case when the defendant was committed in the court of first instance, the fact that the defendant was older than 80 years old, the defendant's family members wanting to take the defendant's preference, and the defendant submitted a written application to the effect that the defendant was able to take severe punishment in the court of first instance.
In full view of the Defendant’s age, character and conduct, environment, health, circumstances leading to the commission of the crime, means and consequence, size of the crime, circumstances after the crime, etc., which can be known through records and pleadings, there is no other circumstance where the lower court’s sentence appears to be reasonable, including where it is deemed that the lower court’s judgment exceeded the reasonable bounds of discretion, or that it is unfair to maintain it as it is, that the lower court’s judgment exceeded the reasonable bounds of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, the lower court’s sentencing is too unreasonable, as alleged by the Defendant.
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.