Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal: The lower court’s imprisonment (three years of imprisonment) 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 it.
(see, i.e., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of the records of the instant case and various conditions of sentencing as shown in the trial process, the lower court’s sentencing did not appear to have exceeded the reasonable scope of discretion. In so doing, the Defendant’s confession of a part of the crime denied by the lower court when the lower court was in the trial, is difficult to view it as a change in circumstances to the extent of changing the sentencing of the lower court, and it is difficult to find any change in new conditions to deem that maintaining the sentencing of the lower court is unreasonable at the trial.
Therefore, it is not recognized that the sentence of the court below is too unreasonable because it is too large.
3. If so, the defendant's appeal 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.