The defendant's appeal is dismissed.

1. The lower court’s sentence (1,000,000 won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the Defendant are recognized, such as the fact that the Defendant made a confession of the instant crime while committing the instant crime, which reflects the mistake, that the amount of defraudation of the instant crime is not significant, and that there is a need to consider the equity with the case where the Defendant was tried together with the final judgment, etc.

However, the crime of this case is deemed to have acquired pecuniary benefits, such as the drinking value, from the injured person, even though the accused did not have the intent or ability to pay the drinking value at the main point operated by the victim, in light of the criminal act, the responsibility of the crime is heavy, the fact that the accused did not agree with the injured person in light of the criminal act, the fact that the accused was punished for the same kind of crime several times, the fact that our criminal litigation law, which takes the trial-oriented principle and the direct principle, has the unique area of the first deliberation as to the sentencing, and there is no change in the sentencing conditions compared with the first trial, and the sentencing of the first trial does not go beyond the reasonable scope of the discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances favorable to the recognized accused do not correspond to the change of circumstances that can change the sentence of the court below after the sentence of the court below, and it does not seem unfair if the sentence against the accused is too unfair.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Rules on Criminal Procedure, “a summary of evidence” of the lower judgment ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure is “1. D’s statement protocol.”