The sentence of the court below against the accused (ten months of imprisonment) is too unreasonable.

Judgment

The Korean Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of directness, has the unique area of sentencing in the first instance, there is no change in the conditions of sentencing compared with the first instance court, and it is reasonable to respect the sentencing of the first instance court where it does not deviate from the reasonable scope of discretion

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its reasoning, determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, including the fact that the Defendant recognized the instant crime and reflected against the Defendant, that the Defendant was an initial offender who has no criminal record, and that the health status is not good, appears to have already been reflected in the sentencing process of the lower court, and there is no change in the special sentencing condition that can change the

In full view of the following circumstances: (a) although the court below sentenced the defendant to imprisonment with prison labor and did not put the defendant in the court in order to give the opportunity to recover damage, it appears that the defendant did not make efforts to recover the damage of the victim, and (b) considering the defendant’s age, character, character, environment, family relationship, health status, the attitude in the investigative agency and the court; (c) the nature of the crime; (d) the motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the court below’s sentence against the defendant is too unreasonable as it goes beyond the reasonable scope of its discretion.

Therefore, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.