2. Determination

A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as 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, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)

The circumstance in which the defendant asserts as an element favorable to sentencing in the trial is already considered in the original trial, and there is no special circumstance or change of circumstances that may be newly considered in the sentencing after the pronouncement of the original judgment.

(M) In light of the conditions of sentencing as indicated in the records and arguments of this case, and the reasons for sentencing of the lower judgment, even if considering all the circumstances alleged by the Defendant, the lower court’s sentence is unreasonable.

The defendant's assertion of unfair sentencing is not accepted.

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.