2. Determination

A. In light of the fact that the sentencing based on the statutory penalty is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the matters that are the conditions for sentencing under Article 51 of the Criminal Act based on the statutory penalty, and the fact that the sentencing of the first instance court does not change the conditions of sentencing compared with the first instance court, and that the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court and to refrain from imposing a sentence that does not differ from the first instance court’s opinion on

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

As to the instant case, there is no change in the sentencing conditions compared with the original judgment because new sentencing data have not been submitted in the health team and the trial court, and considering the sentencing factors revealed in the proceedings of the instant case including the Defendant’s age, character and conduct, environment, background of the crime, circumstances after the crime, etc., as well as the fact that the Defendant had a history of criminal punishment, such as punishment, etc. over several times due to the same kind of crime, the sentencing of the lower court seems to have exceeded the reasonable scope of discretion. Thus, the Defendant

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