The defendant's appeal is dismissed.

The defendant pays 31 million won to the applicant for compensation.

3.2

Summary of Grounds for Appeal

The sentence of the court below (one year of imprisonment) is too unreasonable.

Judgment

If there is no change in the conditions of sentencing compared with 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.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The instant case did not change any particular sentencing condition compared to the lower court, and the circumstances alleged by the Defendant on the grounds of unfair sentencing are deemed to have already been reflected in the lower court’s sentencing grounds. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal records, the lower court’s sentencing against the Defendant is too unreasonable beyond the reasonable scope of discretion.

In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and since the application for compensation by the applicant for compensation is well-grounded, it is ordered to pay 31 million won to the applicant for compensation pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., and it is ordered that the above order be provisionally executed pursuant to Article 31 (3) of the same Act.