A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. Determination of sentencing is based on statutory penalty, discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.

In the absence of such exceptional circumstances, the first instance court's sentencing should be respected in principle unless there are such exceptional circumstances.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court sentenced the Defendant to a punishment of ten-month imprisonment with prison labor, based on the main sentencing basis, on the following: (a) the Defendant received a high-priced external vehicle in relation to the business of selecting business partners in the instant complex, thereby impairing the trust of interested parties, etc. regarding the propriety and fairness of the business; and (b) the Defendant did not seem to have any reflective attitude, such as denying the commission of

However, the reason for sentencing reference newly discovered or confirmed at the time of the trial, i.e., the defendant's confessions and reflects a crime for the first time in the trial, and the fact that it seems to be obvious for the defendant to repent of the crime, and the amount equivalent to the above amount received by retirement allowances, etc. in addition to the disadvantage of additional collection on the amount equivalent to the market price of the b