The prosecutor's appeal is dismissed.

1. The sentence of imprisonment (six years of imprisonment) imposed by the court below on the defendant is deemed to be too unfilled and unfair.

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 the unique area of the first instance court

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, on the ground that the Defendant did not receive a refund of investment money from the victim, tried to kill the victim by provokinging the victim’s face part of the victim’s face, the victim suffered serious injury to whom he/she was aware of as a result of the instant crime, and could have a permanent disability, and the Defendant did not take measures for recovery from damage except for some medical expenses, and the victim was punished for the Defendant. The lower court determined the sentence by taking account of favorable circumstances, such as the fact that the Defendant did not have any record of punishment in the Republic of Korea.

The circumstances unfavorable to the sentencing, such as the background of the instant crime and the severity of damage, etc., alleged by the prosecutor in the trial are already determined by the lower court, and are sufficiently considered.

In addition, the fact that the defendant recognized the crime of this case and renounced the appeal against the judgment of the court below, and the defendant is able to commit the crime in good faith.