2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has the unique area of the first instance court

In addition, considering these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions 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 court does not deviate from the reasonable scope of discretion, and to refrain from imposing a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, although the sentence of the first instance court is somewhat different from the opinion of the appellate court.

However, in the event that the sentencing of the first instance is deemed to have exceeded the reasonable bounds of the discretion when comprehensively considering the factors and sentencing criteria as indicated in the first instance sentencing process, or where it is deemed unfair to maintain the sentencing of the first instance in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the first instance.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Circumstances a prosecutor asserts as an element of sentencing in a trial at the trial of a political party were already revealed in the hearing of the lower court, and there was no change in circumstances regarding the matters subject to sentencing after the sentence of the lower court was rendered.

Furthermore, in full view of the following factors: Defendant’s age, character and conduct, environment, motive, background, means and consequence of the crime, and the conditions of sentencing as shown in the instant pleadings, such as circumstances after the crime.