Text
The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (three million won of fine) is too unreasonable.
2. The judgment of the court below appears to have committed the instant crime contingently, that the defendant agreed with the victim, that the defendant is old to support the defendant, and that there is an economic difficulty, etc. However, the instant crime was committed in favor of the defendant, and there was a number of times of punishment including that the defendant was punished for the same kind of crime before, and in particular, even though the defendant was sentenced to imprisonment with prison labor for one year and for two years of suspension of execution from the Busan District Court on June 12, 2014, he committed the instant crime, even though he was sentenced to imprisonment with prison labor for the same kind of crime on the part of Busan District Court on June 12, 2014, the court below seems to have been sentenced to a fine in consideration of the motive and circumstance of the instant crime, the circumstances after the crime, the age, character and behavior of the defendant, and the conditions of sentencing as shown in the records and arguments of the instant case, it cannot be said that the sentencing of the court below is excessive.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.