2. The sentencing on the basis of the statutory penalty is a discretionary determination based on a reasonable and appropriate scope, taking into account the factors constituting the conditions for the sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty, and there is a unique area of the first deliberation in our criminal litigation law that adopts 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 in the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of sentencing in the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a sentence that does not differ from the appellate court’s view (see Supreme Court Decision 2015Do3260, Jul. 23, 2015) by destroying the judgment of the first instance on the sole ground that the sentence of sentencing in the first instance falls within the reasonable scope of the discretion, but is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court sentenced the Defendant with the foregoing sentence on the grounds of the sentencing in its reasoning, and the circumstances favorable or unfavorable to the sentencing alleged by the Defendant and the public prosecutor have already

It does not seem that there is no particular change in the conditions of sentencing in the trial, and it is reasonable to respect the sentencing of the court below.

Therefore, we cannot accept the argument that the sentencing of the defendant and the prosecutor is unfair.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.