The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the crime in the judgment of the court below No. 1: the punishment of imprisonment of 8 months, the observation of protection, community service for 160 hours, and the crime in the judgment of the court below No. 2: fine of 7 million won) is too unreasonable.

2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing 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 judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the Defendant as an element favorable to sentencing in the trial, such as the fact that the Defendant paid and agreed on the full amount of damages to the victim, etc. are mostly submitted before the judgment of the lower court was rendered, and most of the circumstances alleged as an element favorable to sentencing were considered as an element of sentencing. In addition, there are particular changes in the situation in the sentencing guidelines and the matters requiring the conditions of sentencing

It is difficult to see it.

In addition, considering the criminal records, the defendant's age, age, sex and environment, motive and method of crime, circumstances after crime, etc., various sentencing conditions as shown in the arguments, etc., the sentence imposed by the court below is too unlimited and discretionary.