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The defendant's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (1.2 million won in penalty) is too unreasonable.
2. Under our criminal litigation law taking the trial-oriented principle and the direct principle, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The Defendant appears in the attitude to recognize and reflect the instant crime, and the injury suffered by the victim is relatively heavy, in full view of the following: (a) the Defendant committed the instant crime in favor of the Defendant; (b) the Defendant committed the instant crime even if there was a history of criminal punishment several times due to violence, even if there was another reason to commit the instant crime; (c) comprehensively taking account of the Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and method of the instant crime; and (d) all the sentencing factors revealed in the trial process, such as the records and the circumstances after the instant crime, etc., the lower court’s sentence is beyond or too unreasonable.
3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Provided, That since it is obvious that the “victim” following seven criminal facts of the lower judgment was omitted by mistake, it shall be corrected to add it ex officio in accordance with Article 25 of the Regulations on Criminal Procedure because it is apparent that “the number of days of treatment” was omitted.