In a case where the court of fact-finding did not prove, on the basis of the crime prosecuted against the defendant, the motive or result of the crime, the circumstances after the crime, etc., as a condition for sentencing under Article 51 of the Criminal Act, but did not constitute a separate crime that is not included as a condition for sentencing under Article 51 of the Criminal Act, such as the circumstances after the crime, and the actual substance of the crime for which no prosecution has been instituted against the defendant, the court of fact-finding has imposed the sentence as a core condition for aggravated sentencing, and thus, constitutes an additional punishment for the defendant, it is unlawful as it goes beyond the illegality of the mere sentencing judgment, and infringes on the fundamental substance of the above principle of balanced punishment or the principle of responsibility. However, according to the reasoning of the judgment below, the court below cited the circumstance that the defendant committed sexual misconduct against the trainee, etc. belonging to D, other than the crime in this case, as a factor for sentencing, and thus, it cannot be deemed that the defendant has been subject to additional punishment as an essential condition for aggravated sentencing against the defendant.

There is no error of misapprehending the legal principles regarding sentencing as asserted in the judgment below as the grounds for appeal.

In addition, the argument that the court below exceeded the limit of sentencing discretion by failing to take into account the circumstances of making deposits on behalf of the victim in sentencing and taking into account the best efforts to reach an agreement, is ultimately an assertion of unfair sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is declared, an appeal on the grounds of unfair sentencing is allowed. Thus, the defendant