Judgment

In our criminal litigation law, which takes the principle of trial-oriented and directness, there exists an area unique to the first instance judgment regarding sentencing, there is no change in the conditions of sentencing compared to the first instance judgment, and where the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court determined the punishment on the grounds of appeal, comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, such as the fact that the Defendant recognized the instant crime, and the Defendant reflects the instant crime, also appears to have already been reflected in the sentencing process of the lower court, and there is no change in the special sentencing condition that can change the sentence of the lower court at the same time.

In full view of various circumstances, including the Defendant’s age, sexual conduct, environment, family relationship, health status, criminal history and contents thereof, attitude in an investigation agency and court, nature of a crime, motive, means and consequence of a crime, and the circumstances after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable as it goes beyond the reasonable scope of its discretion.

Therefore, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is without merit. It is so decided as per Disposition.