The sentence of the court below against the defendant (six months of imprisonment) is too unreasonable.

Judgment

The Korean Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of directness, has the unique area of sentencing in the first instance, there is no change in the conditions of sentencing compared to the first instance court, and the first instance court's sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its reasoning, determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, including: (a) the Defendant’s recognition and reflection of all of the instant crimes; (b) the Defendant was supporting two minor children who have a aging and disability; and (c) the Defendant’s living conditions leading to the instant crime; and (d) the Defendant’s grounds for appeal

There is no special change in sentencing conditions that can change the sentence of the court below for the first time.

In full view of the above circumstances, the Defendant’s age, character and conduct, environment, family relationship, health status, criminal records and contents thereof, attitude in investigation agencies and courts, crime quality, motive, means and consequence of the crime, etc., as well as the circumstances after the crime, the lower court’s sentence 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. It is so decided as per Disposition.