The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than 10 months) of the lower court’s sentencing is unreasonable.

2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the

In addition, considering these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court rendered the above sentence to the Defendant on the grounds of sentencing as indicated in its reasoning. In light of the following, the lower court’s sentencing does not seem to have exceeded the reasonable scope of discretion, inasmuch as the circumstances favorable to sentencing asserted by the Defendant in the trial, such as: (a) the Defendant, in collusion with accomplices, led to a crime of theft of precious metal owned by the victim; (b) the Defendant committed an act committed in advance with his/her accomplices; (c) the amount of damage amount reaches 6.8 million won; and (d) the victim appears to have suffered considerable mental shock due to the instant crime; and (e) the circumstances favorable to sentencing asserted by the Defendant, such as the confession and reflect of the Defendant; and (d) the victim did not want punishment against the Defendant.