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 that is not different 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 the first instance falls within the reasonable scope of the discretion, and to refrain from rendering a sentence that is not different from the appellate court’s judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence by comprehensively taking into account the favorable circumstances and unfavorable circumstances of the Defendant, as stated in its reasoning, and the Defendant

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

In full view of the various circumstances, including the Defendant’s age, sex, environment, family relationship, health status, relationship with the victim, whether the victim has recovered from damage, crime history, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment against the Defendant is too unfasible and unfair as it goes beyond the reasonable scope of its discretion.