The defendant's appeal is dismissed.

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant, who was sentenced to imprisonment with prison labor for the same crime on June 6, 2016 and was released from the prison on the date of the release of the sentence on June 6, 2016, is going to know that the elderly victims who have been older than four times and passed since they want to give or wait for a gift, and then committed the instant crime under the law to cut off their body by carrying out his/her recovery. In light of the motive, method, age of the victim, etc., the Defendant committed the instant crime. In short, the Defendant was not guilty of the nature of the crime in light of the motive, age, etc. of the crime, etc., and the Defendant was not only five times of imprisonment with prison labor for the same crime, but also during the period of the same repeated crime, and thus, it is more likely to mislead the victims of the instant crime.

On the other hand, the defendant recognized the crime and divided his mistake, and the defendant appears to have reached the crime of this case due to economic difficulties after being released from the prison after being released from the prison as above, and there are some motives or developments to consider the crime of this case. The total amount of damages cannot be deemed to be more than 1.2 million won, and it seems that the defendant's wife made efforts to recover damages faithfully by compensating the victims in full amount of damages, and the victims expressed their intention not to want the punishment more favorable to the defendant.

In addition, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Other conditions of sentencing, such as the defendant's age, sex, environment, relationship with the victim, motive and circumstance of the crime, etc., are conditions of sentencing.