The defendant's appeal is dismissed.

1. The punishment sentenced by the first instance court to the accused (eight months of imprisonment) shall be too unreasonable;

2. Determination

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

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

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). (B)

The circumstances alleged by the defendant as an element favorable to sentencing in the court of the first instance have already been set out in the hearing of the court of the first instance, and there is no change of circumstances favorable to the sentencing criteria after the sentence of the court of the first instance.

In light of the criminal implements and behavior patterns used by the defendant, the crime of this case is highly dangerous and may not be deemed to be minor.

Although the victim appears to have suffered considerable mental impulse due to the defendant's crime, the defendant still was unable to be able to receive suspicion from the victim.

Other circumstances shown in the records and pleadings of this case, such as the age, character and conduct, environment, motive of the crime, details and methods of the crime, and the circumstances after the crime.