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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The punishment sentenced by the court below against the defendant (the fine of KRW 5 million, KRW 100,000 per day) 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial, and in full view of the factors revealed in the argument in the instant case, the lower court’s sentencing, which sentenced a sentence equivalent to the lowest amount of the fine within the scope of the discretionary mitigation, does not appear to have exceeded the reasonable scope of the discretion.
The defendant's ground of appeal is without merit.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.