The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

1. The sentence imposed by the lower court (a year of imprisonment, an additional collection of KRW 100,00) on the summary of the grounds for appeal is too unreasonable and unfair (a defendant explicitly withdraws his argument of mental and physical weakness on the first trial date).2.

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 appellate court’s review of sentencing, it is reasonable to maintain the sentencing of the first instance judgment, only in cases where there are circumstances where it is deemed unfair to maintain the sentencing of the first instance judgment as it is, in full view of the records newly discovered in the appellate court’s review of sentencing (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) In this regard, the Defendant: (a) agreed with F and F, one of the th th th th th th th th th th ths of the larceny victims; and (b) even if the Defendant had a record of criminal punishment for the administration of larceny and narcotics on several occasions, such circumstance constitutes a new change of circumstances that should be determined differently from the original judgment, in determining the sentencing of the Defendant in the appellate court.

In addition, considering the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions shown in the records of this case, such as the circumstances after the crime, the punishment sentenced by the court below is too unreasonable.

3. Conclusion.