The defendant's appeal is dismissed.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that the appellate court’s ex post facto in-depth character, etc., it is reasonable to respect the first instance judgment in cases where there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015).

On the other hand, however, the court below seems to have determined the punishment for the defendant in consideration of all the above circumstances, and there is no change in the situation in the sentencing guidelines with the conditions of sentencing after the sentence of the court below.

In full view of various circumstances, including the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, the Defendant committed the instant crime during the period of repeated crimes, and committed the victims’ driving of the victimized vehicle on the ground that the victim’s driving method does not lead to mind, and the victim’s driving of the victimized vehicle in the manner of sudden suspension by cutting and fasting it in front of the victimized vehicle, and the nature of the crime is not easy. In full view of all other circumstances, which are the conditions for sentencing as indicated in the instant case’s sentencing, such as the Defendant’s age, sex, environment, family relationship, etc., the Defendant’s above assertion by the lower court is deemed unfair because the sentence imposed by the lower court is too excessive. Therefore, the Defendant’s above assertion is without merit.

3. According to the conclusion, the appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit, and it is so decided as per Disposition.