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The defendant's appeal is dismissed.
The defendant pays 4,30,000 won to the applicant for compensation (the trial).
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) is too unreasonable.
2. There is no change in the terms and conditions of sentencing compared with 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court on the grounds that new materials for sentencing have not been submitted in the trial, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing was too too excessive and exceeded the reasonable scope of discretion.
It does not appear.
3. The Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is without merit, and the application for compensation filed in the trial is well-grounded. Thus, Articles 25(1), 31(1), and 31(2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings order that the Defendant shall pay the Defendant a sum of KRW 4,30,000 to the applicant for compensation, and the Defendant shall attach a provisional execution to the above compensation order pursuant to Article 31(3) of the same Act (ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure, the date and time of the crime No. 15 of the attached Table 1 of the judgment of the court below shall be corrected from “ August 19, 2017” to “the date and time of the crime No. 27 of the year from “ September 19, 2017” to “each “no. 97.”