beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the imprisonment for one year and six months, the suspended sentence for three years, the probation, the order to attend a violence therapy for forty hours, the order to attend a lecture for eight hours) 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
(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original judgment on the grounds that new materials for sentencing have not been submitted in the trial and the lower court did not recognize that the lower court’s sentencing is too too unreasonable and exceeded 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 as it is without merit. It is so decided as per Disposition.
However, among the first head criminal records in the judgment of the court below, the part of "a fine of one million won is imposed in the same court as of November 22, 2007 due to non-compliance with the eviction" in the fourth sentence shall be deleted, and "a fine of five hundred thousand won is imposed" in the last sentence shall be corrected by "a summary order of five hundred thousand won is issued" in accordance with Article 25 (1) of the Regulations on Criminal Procedure, and the above part shall be corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.
.