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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The following are the circumstances favorable to the Defendant: (a) the Defendant recognized and reflected his/her mistake; (b) the victim wanted to find the Defendant’s wife against the Defendant; and (c) the victim does not appear as a planned crime.
On the other hand, in light of the circumstances and methods of crimes, there is no bad character of crimes, and there is a career of having been punished several times including imprisonment for the same kind of crime and a crime for a different type of crime, and the fact that the crime of this case has been repeatedly committed during the period of suspended execution due to
Therefore, the court below determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the defendant, and there is no circumstance that can be newly considered in the trial.
In addition, comprehensively taking account of the various circumstances, such as the motive and means of the crime and the circumstances after the crime, etc., the sentencing of the court below cannot be deemed to be so excessive that the sentencing of the court below goes beyond the reasonable scope of discretion.
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.