The defendant's appeal is dismissed.

1. The lower court, among the facts charged in the instant case, dismissed the prosecution as to the Defendant’s use of violence and insult, and convicted the Defendant of the remaining facts charged, and dismissed the public prosecution as to only the Defendant appealed the guilty portion, and the part of dismissing the public prosecution for which the prosecutor has not appealed, becomes final and conclusive upon the lapse of the appeal period. Accordingly, the lower court should be tried only for the guilty portion among the lower judgment.

2. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal 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.

Where it is deemed unfair to maintain the judgment of the first instance court in full view of the materials newly discovered in the course of the appellate court’s sentencing review, the appellate court should reverse the judgment of the first instance court which was unfair. However, in a case where there is no change in the conditions of sentencing compared to the first instance court and the sentencing of the first instance is not exceeded the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, on the grounds stated in its reasoning, sentenced the Defendant to the sentence above.

The circumstances alleged by the defendant and defense counsel as favorable to sentencing are.