The defendant's appeal is dismissed.

1. The lower court, among the facts charged in the instant case, found the Defendant guilty of assault and assault, and found the Defendant guilty of special intimidation, and dismissed part of the public prosecution for which the prosecutor did not appeal due to only the Defendant’s appeal, became final and conclusive upon the lapse of the appeal period. Accordingly, the lower court’s judgment should be tried only on the guilty part of the lower judgment.

2. The sentence imposed by the court below (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

3. The determination of sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

The Criminal Procedure Law of Korea, which takes the principle of trial-oriented and direct care, has the unique area of the first deliberation about the determination of sentencing.

In addition to these circumstances and the ex post facto in light of the nature of the appellate court’s ex post facto review, the first sentencing judgment exceeded the reasonable bounds of its discretion when comprehensively considering the conditions of sentencing as shown in the first sentencing review process and the sentencing guidelines, etc.

In cases where the appellate court recognizes that maintaining the sentencing of the first instance court is unfair in full view of the materials newly discovered in the course of the appellate court’s sentencing review, etc., the appellate court should reverse the judgment of the first instance court which was unfair. However, in cases where there are no changes in the conditions of sentencing compared to the first instance court and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, on the grounds stated in its reasoning, sentenced the Defendant to eight months of imprisonment and two years of suspended execution.

The defendant asserts that it is favorable to sentencing in the trial.