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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). It is recognized that the Defendant agreed with the victim D (n, 17 years of age).
However, the Defendant, on the ground that the son was not driving, led the victim's head by drinking on the ground that the son was not driving the son, and walking the son several times, etc., not only the motive of the crime, the form of the act, etc., but also the Defendant's act, which caused the victim's bodily injury, such as the victim's appearance open from the son, the spatha, the right side of the spatha, and the mouth, etc., and it seems that the mental shock and fear of the son was considerable.
On June 21, 2017, the defendant was sentenced to a suspended sentence of one year and six months for a crime of assaulting a female-friendly Gu at the Busan High Court, and the judgment became final and conclusive on the suspended sentence of two years, and it is inevitable to repeat the same method and make a severe punishment.
There is no change in the circumstances that may change the sentence of the lower court in the trial, and when the judgment of this case becomes final and conclusive, the actual sentence should be served until the suspended sentence becomes void, and when comprehensively considering the sentencing conditions, such as the Defendant’s age, growth background, family relation, etc. as indicated in the trial of the lower court and the party concerned, and the scope of the recommended punishment according to the sentencing guidelines (two months to one year), the sentence imposed by the lower court is conducted within the reasonable scope of discretion, and is not hot.
3. Accordingly, 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.