The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won) is too unreasonable.

2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court on the sole basis of the difference between the opinion of the appellate court and the judgment of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, based on its stated reasoning, sentenced the Defendant to the said sentence.

The circumstances cited by the defendant on the grounds of appeal are elements that have already been determined by the court below as well as sufficiently taken into account, and there is no circumstance that can be specially considered in the trial of the party, and there is no change in the conditions of sentencing.

Specifically, the defendant's mistake is recognized, against himself, and the economic situation of the defendant is not good.

However, despite the fact that the defendant had been already punished two times or more for the same crime (the fine of 500,000 won in 2006, the fine of 1.5 million won in 2018), the defendant has repeatedly committed the same crime, and there is a possibility of repeating the crime by short interval with the previous crime.

As the defendant repeats the same crime, it is necessary to sentence heavier punishment than the immediately preceding crime.

The court below held the above circumstances.