The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined the above sentence by taking into account the following circumstances: (a) there are a large number of criminal records related to violence, and (b) the crime during the period of suspension of execution is a crime during the period of suspension of execution (at present, the period of suspension of execution was too excessive); (c) there was violence to the extent that the victim was boomed;

It seems reasonable for the court below to consider the above circumstances.

Meanwhile, there are new special circumstances or changes in circumstances that may be reflected in the sentencing of the defendant after the sentence of the original judgment, such as where the defendant acknowledges the crime and considers the defendant to repent of his mistake. However, it cannot be deemed that there are new special circumstances or changes in circumstances that are favorable to the sentencing of the defendant, such as where the defendant does not agree with the victim or

Based on the sentencing precedents of the same kind of case, comprehensively taking account of various circumstances, which are the sentencing conditions appearing in the records and arguments of this case, such as the motive of the defendant's age, the means of related criminal conduct against the victim, and the circumstances after the crime was committed, the court below's sentence is not too heavy beyond the reasonable scope of discretion, considering the circumstances alleged by the defendant as the grounds for appeal.

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.