2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

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

Judgment

1) A favorable normal defendant shows that he was aware of the facts charged and reflects the whole facts charged. The type used by the defendant at the time of each of the crimes in this case is not very serious. The defendant is not determined to the degree of mental disorder, but appears to have committed a dynamic crime under the influence of alcohol. The victim C of retaliation assault and partial interference with business was not wanting to punish the defendant. The victim C was in 1977, and there was no previous conviction more severe than the fine, but the crime in this case was committed at a disadvantage than the fine. However, the crime in this case was committed under the influence of alcohol by the defendant, by finding in the stores of the neighboring merchants under the influence of alcohol, thereby obstructing the business, obstructing the defendant, and the victim was tried again for the purpose of retaliationing the defective report, and the victim was committed in the vicinity of the above stores.