2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to 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’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the punishment by comprehensively taking account of the circumstances favorable to the Defendant and the unfavorable circumstances, and the circumstances alleged by the Defendant as the grounds for appeal, such as the recognition and reflection of the instant crime, and the circumstances leading to the commission of the crime, are deemed to have already been reflected in the sentencing process of the lower court, and there is no change in the special sentencing condition that could change the sentence of the lower court in the final trial.

In full view of the following circumstances, the Defendant’s age, character and conduct, occupation, environment, family relationship, health status, criminal records and contents thereof, attitude in the investigation agency and court, the nature of the crime, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable as it goes beyond the reasonable scope of its discretion.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.