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 without any difference between the first instance judgment and the first instance judgment solely on the grounds that it is somewhat different from the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have already taken into account the circumstances and circumstances favorable to the Defendant, including the fact that the sentence was determined by comprehensively taking account of the circumstances and circumstances favorable to the Defendant, and that it is against the recognition of the instant criminal act, and that the Defendant suffers from mental illness, such as dived disorder disorder, etc., due to the circumstance alleged by the Defendant, the same type of force, and the fact that the risk of recidivism appears to exist.

There is no special change in circumstances that can change the punishment of the court below for the first time.

Various circumstances, such as the defendant's age, sex behavior, environment, family relationship, health status, record of crime, attitude in investigation agency and court, victim's recovery of damage, nature of crime, motive, means and consequence of crime, and circumstances after the crime, etc., which form the conditions of sentencing as shown in the deliberation of the original court and the party.