The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment of the court below against the defendant (a fine of five million won) is too unreasonable.

Judgment

The Korean Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of directness, has the unique area of sentencing in the first instance, there is no change in the conditions of sentencing compared with the first instance court, and it is reasonable to respect the sentencing of the first instance court where it does not deviate from the reasonable scope of discretion

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, as stated in its holding, determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, including the fact that the Defendant recognized and reflected the instant crime, and that some victims have repaid the amount of damage, and agreed on, the Defendant’s grounds for appeal was already reflected in the sentencing process of the lower court, and there is no change in the special sentencing condition that could change the sentence of the lower court in the final trial.

Even though there are many criminal records, including the previous departments, the Defendant committed the instant crime, the Defendant’s age, character and conduct, environment, family relationship, health status, criminal records and contents thereof, attitude in investigation agencies and courts, the nature of the crime, motive, means and consequence of the crime, and other various circumstances that form the conditions of sentencing as shown in the arguments in the lower court and the party hearing, such as the circumstances after the crime, cannot be deemed unfair because the lower court’s sentence against the Defendant is too unreasonable.

Therefore, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.