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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (nine months of imprisonment) is too unreasonable.
2. In our criminal litigation law that takes the trial-oriented principle and the principle of directness, it is reasonable to respect the determination of sentencing in cases where there exists 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 (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant appears to have committed each of the instant crimes, which are favorable to the Defendant.
However, in light of the circumstances and methods of each of the crimes of this case, it is not good that the crime was committed, and the defendant did not receive any letter due to an agreement with the victims, and did not recover any damage to the victims.
In addition, on January 30, 2015, the defendant was sentenced to a suspended sentence of one year for six months due to a crime of obstructing and insulting the performance of official duties, and such judgment is the same year.
2. 7. Although it became final and conclusive, each of the crimes in this case was committed without being aware of during the period of suspension of execution.
These points are disadvantageous to the defendant.
In full view of each of the above circumstances, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of each of the instant crimes, means and methods thereof, and all of the sentencing factors in the process of trial and records of the instant case, including the circumstances after the commission of the crime, the sentence imposed by the lower court is beyond the scope of reasonable discretion, or is too unreasonable.
3. In conclusion, 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.