The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. Determination of sentencing is based on statutory penalty, discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court rendered the above sentence to the Defendant by taking account of the circumstances unfavorable to the Defendant, such as the Defendant’s primary offender who has no criminal record, in light of the circumstances favorable to the Defendant, the degree of injury of the victim is considerably heavy, the victim was not recovered from damage, and the victim was not punished. There are no special circumstances or changes in circumstances that may be considered newly in sentencing in the trial, and it appears that the Defendant did not make any effort to recover damage even until the Defendant was in the trial, and all of the sentencing factors indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, family relations, motive and background of the