2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and 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.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared to the original judgment because new sentencing materials have not been submitted at the trial court. In full view of all of the reasons for sentencing revealed in the proceedings of the instant case (in particular, even if the Defendant had been sentenced two times to a suspended sentence of imprisonment for the same kind of crime, and the Defendant again committed the instant crime without being aware of it during the period of the suspended sentence, the sentencing of the lower court is too unreasonable to have exceeded the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.