2. In our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there are areas unique to the first instance judgment regarding sentencing. In addition, in light of the ex post facto core nature, it is reasonable to respect the first instance judgment if there is no change in the conditions of sentencing compared to the first instance judgment, and the sentencing of the first instance judgment does not deviate from the reasonable scope of discretion. Although the first instance judgment falls within the reasonable scope of discretion, it is desirable to refrain from imposing a sentence that does not differ from the first instance judgment on the sole ground that the sentence of the first instance judgment is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015; Supreme Court Decision 201Do3260, Jul. 23, 2015; Supreme Court Decision 2005Do3260, Oct. 6, 2005).

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.