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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined that the crime of this case is not good and requires strict punishment; however, considering the fact that the Defendant recognized the crime of this case, the Defendant repents his mistake, and the Defendant did not have the same criminal history, there are no new circumstances to change the sentence of the lower court in the trial.
In addition, comprehensively taking into account the Defendant’s age, criminal records, character and conduct, method and circumstances after the crime, etc. as shown in the arguments of the lower court and the lower court, the sentence imposed by the lower court is conducted within the reasonable scope of discretion, and cannot be deemed as heavy.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.