Judgment

A. Improper sentencing means where the sentence of the lower judgment is too heavy or too minor in light of the substance of the specific case.

Based on the statutory penalty, the sentencing is determined within a reasonable and appropriate scope by taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty, and there is a unique area of the first deliberation in our criminal litigation law that takes the trial-oriented principle and the principle of directness.

In addition to these circumstances in light of the appellate court’s ex post facto and in-depth nature, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The lower court rendered a sentence by taking into account the following factors: (i) the Defendant’s favorable circumstances include: (i) the recognition of the Defendant’s crime of this case is delayed and erroneous; (ii) the Defendant has no record of sexual violence; (iii) the Defendant invaded upon the victim’s residence; and (iv) the Defendant attempted to inflict serious injury on the victim; and (iii) the commission of the crime of this case committed two times thereafter; (iv) the victim appears to have suffered serious sexual humiliation and physical pain due to each of the instant crimes; and (v) the Defendant was punished by imprisonment with prison labor for a period of seven years, taking account of the fact that the Defendant was used by the victim.

(c)

Examining the reasoning of the lower court’s sentencing in light of the record, the lower court’s sentencing is based on the following circumstances: (a) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime.