2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant’s economic situation is difficult, etc., most of the circumstances asserted in the trial of the lower court as an element favorable to sentencing were revealed in the trial of the lower court, and there is no particular change in the situation in the sentencing guidelines with the matters that are conditions for sentencing after the sentence of the lower court was rendered.

In full view of the fact that the defendant did not reach agreement with the victim, five times the defendant had the same criminal history as that of the defendant, and that the defendant was sentenced to 2 years of suspended sentence in 2016 and was sentenced to 2 years of suspended sentence, and again committed the crime in this case during the suspended sentence period, and other various sentencing conditions as shown in the record and arguments, such as the defendant's age, sex and environment, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable and discretionary.