The defendant's appeal is dismissed.

1. The punishment of the first instance judgment against the accused in the summary of the grounds for appeal is too unreasonable;

2. In a case where 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). Although there exist major circumstances unfavorable to the Defendant, such as the nature of the crime as indicated in the judgment and the criminal records of the Defendant, the court of first instance sentenced the Defendant to imprisonment with prison labor equivalent to the lowest statutory penalty by applying discretionary mitigation.

Furthermore, even if there is no change in the sentencing conditions in comparison with the first instance court because a new sentencing data has not been submitted in the trial, and the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, are considered, it is not determined that the sentencing of the court of the first instance is too excessive and goes beyond the reasonable scope of discretion.

3. The appeal by the defendant is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.