The defendant's appeal is dismissed.

1. The sentencing of the lower court (three years and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The sentencing on the basis of a statutory penalty is a discretionary judgment that takes into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope, on the basis of the statutory penalty.

However, considering the unique area of sentencing in the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction in our criminal litigation law and the nature of the ex post facto review of the appellate court, the first instance sentencing judgment exceeded the reasonable scope of discretion when comprehensively considering the factors and sentencing criteria in the course of the first instance sentencing trial.

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.

Unless there exist such exceptional circumstances, it is desirable to respect the sentencing of the first instance trial (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court rendered the above sentence to the Defendant with due regard to the sentencing stated in its reasoning. The circumstances, such as the fact that the degree of property damage suffered by the victim is insignificant among the circumstances concerning sentencing alleged by the Defendant in the first instance trial, and the background of the crime, etc., are sufficiently considered while determining the punishment in the lower court.

In addition, the circumstance that the injured person expressed his/her intention not to punish the accused after the sentence of the lower judgment can only be considered as one of the small amount mitigation grounds under Article 53 of the Criminal Act, and does not constitute a separate statutory mitigation ground. The lower court’s punishment against the accused is limited to the extent that the lower court’s criminal records, the victim’s age and degree of damage, and the Defendant’s punishment was reduced.