특수상해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an imprisonment of eight months, two years of probation, observation of protection, community service, 80 hours of violence therapy, 40 hours of violence therapy) is too unreasonable.
2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, there exists a unique area of the first instance in the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court’s decision because new materials on sentencing have not been submitted in the trial and the first instance court did not change the conditions of sentencing compared with that of the lower court, and when comprehensively considering all of the reasons for sentencing specified in the records of this case, it is not recognized that the lower court’s sentencing is too unreasonable to have exceeded
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.