The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the court below (one hundred months of imprisonment, and five hundred thousand won of collection) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area of the first instance court regarding the determination of sentencing, and where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the appellate court

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant recognized the instant crime.

The Defendant voluntarily surrendered to the instant crime, and the Defendant argued that the lower judgment did not reflect the self-denunciation of the Defendant, but the Defendant voluntarily surrendered.

Even if the court voluntarily surrenders the self-denunciation, it is merely a mere fact that the court can voluntarily reduce or exempt the punishment, and the court below did not reduce the self-denunciation.

or failure to render a judgment on the allegation to reduce self-denunciation;

In addition, it cannot be deemed unlawful (see, e.g., Supreme Court Decision 2011Do12041, Dec. 22, 2011). In light of the reasoning of the lower judgment, the lower court appears to have determined the sentence against the Defendant in consideration of the self-denunciation circumstances.

There seems to have been cooperation in the investigation.

However, the defendant has a record of being punished several times for the same crime, and only he has been sentenced to a heavier penalty four times.

There is no change in the circumstances that may change the punishment of the court below in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.