The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (additional collection of 1 year of imprisonment, 106,000 won) is too unreasonable.

2. Considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of direct judgment taken by our Criminal Procedure Act and the ex post facto nature of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court where the sentencing of the first instance court is deemed to have exceeded the reasonable scope of discretion when comprehensively considering the matters and the sentencing criteria, etc. as indicated in the process of the first instance sentencing examination, or where it is deemed unfair to maintain the sentencing of the first instance court in full view of the materials newly discovered in the course of the appellate court’s sentencing examination.

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). Considering the fact that the Defendant recognized and reflected the instant crime, cooperation in the investigation, and voluntarily surrenders to certain crimes, there are extenuating circumstances.

However, it cannot be said that the punishment imposed by the court below is too unreasonable, considering the following factors: (a) the defendant had a history of punishment six times for the same crime (five times in actual form); (b) the defendant escaped due to his escape while being under investigation; (c) the fact of smoking marijuana was discovered; and (d) the defendant smokes marijuana and administered phiphones immediately before his voluntary appearance at the investigation agency; and (d) other various sentencing conditions such as the defendant's age, character and behavior, environment, motive for the crime, and circumstances after the crime are considered.

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