The punishment sentenced by the court below to the defendant (ten months of imprisonment) is too unreasonable.

Judgment

Based on the statutory penalty, the sentencing is a discretionary judgment that takes into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate range.

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). The circumstances alleged by the Defendant as an element favorable to sentencing in the trial of the lower court were already revealed in the proceedings of pleadings by the lower court. There is no change of circumstances favorable to the sentencing criteria after the lower judgment was sentenced and no change of circumstances is found in the sentencing guidelines.

In light of the conditions of sentencing and the reasons for sentencing indicated in the instant records and pleadings, even if the Defendant considered all the circumstances asserted as the grounds for appeal, the lower court’s sentence cannot be deemed unreasonable.

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

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is groundless. It is so decided as per Disposition.

The rules on criminal procedure shall be ex officio in accordance with Article 25 (1) of the rules on criminal procedure.