The judgment below

Part concerning the second offense in the judgment shall be reversed.

A defendant shall be punished by imprisonment for one year.

The judgment below

(2).

1. The summary of the grounds for appeal (the first crime: imprisonment with prison labor for 2 months, and the second crime: imprisonment with prison labor for 1 year and 6 months) by the court below is too unreasonable.

2. Determination

A. The determination of sentencing on the allegation of unfair sentencing regarding the first crime is based on the statutory penalty, and the determination of discretion made within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, on the basis of the statutory penalty.

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 on the grounds of sentencing based on its stated reasoning. In full view of the following factors: (a) the Defendant’s age, character and conduct, family relationship, motive and circumstance of the offense; and (b) all sentencing factors indicated in the instant records and arguments, including the Defendant’s age, character and conduct, family relationship, motive and circumstance of the offense; and (c) the Defendant’s allegation

B. The prosecutor's ex officio determination of the crime No. 2 in the holding is next to the facts charged against the defendant in the appellate trial.