2. Determination 1) Determination of sentencing is based on statutory penalty, which takes into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope, on the basis of the statutory penalty.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). 2) The circumstances alleged by the Defendant as an element favorable to sentencing in the first instance court have already been discovered in the hearing process of the lower court, and there is no change of circumstances favorable to the sentencing criteria after the sentence of the lower court was rendered.

The crime of this case is committed by the defendant with the face of the victim several times, with the victim's body pusheded by hand, and with the victim's body being pushed by the victim's body, and in light of the parts, frequency, etc. of the bodily injury, the crime of this case is light.

shall not be deemed to exist.

In addition, the defendant has a total of nine times of punishment, such as imprisonment with prison labor for up to eight months, and five times of such punishment is the same kind of violent crime.

In this case, the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.