The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is 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 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 court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The circumstances alleged by the Defendant as an element favorable to the sentencing in the first instance court were already revealed in the hearing process of the lower court, and there is no change of circumstances favorable to the sentencing criteria after the sentence of the lower court was rendered.

The defendant, without any error, was at the time of telegraph transfer, such as face, body body, etc. of the victim who requested a taxi fee, and the victim suffered serious injury to the telegraph, such as brain, salk, bones of the bones, salvine, and salkite sale, etc.

The defendant has a total of ten times of criminal punishment, including the four times of punishment for the same crime.

Among them, the facts of the crime of assault that became final and conclusive on July 24, 2015 assaulted a taxi engineer without any justifiable reason, and the facts of the crime of assault that became final and conclusive on July 27, 2017 are under the influence of alcohol.