The defendant's appeal is dismissed.

1. The sentence of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area of the first instance court as to sentencing judgment, 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, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The Defendant recognized and reflected the instant crime.

There are also circumstances that may be considered favorable to the defendant, such as the fact that the victim has partially repaid the amount of damage, a prior conviction exceeding the fine, the fact that there is no previous conviction, and the fact that there is no good condition of health due to the lower half of the amount of damage.

However, considering all the above circumstances, the lower court sentenced a sentence lower than the lower limit of the recommended sentence according to the sentencing guidelines, and there is no change in the special sentencing conditions that enable the lower court to change the sentence.

In light of the above circumstances, it is difficult to view that the lower court’s punishment is too unreasonable as it goes beyond the reasonable scope of its discretion, in full view of the various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, the means and consequence of the crime, the circumstances after the crime, etc., as well as the fact that the victim’s damage was high and most of the damage was not recovered.

3. In conclusion, the defendant's appeal of this case 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.