The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (two years of suspended execution and probation order for one year of imprisonment) is too unreasonable;

In particular, the defendant goes through the country as a bath manager, and is subject to considerable restrictions on life by probation order.

2. Determination

A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.

Where there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the original court does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.

On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

We examine whether the sentence of the lower court, which returned to the instant case, is too unreasonable in light of the content of the specific case.

1. The lower court determined the sentence against the Defendant by taking into account the circumstances favorable to the Defendant as stated in the judgment and the unfavorable circumstances.

In addition to each of the above circumstances taken into account by the court below, all of the sentencing conditions shown in the records and arguments of this case, including the defendant's age, character and conduct, health conditions, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime. The court below sentenced the sentencing guidelines established by the Sentencing Commission on the basis of Articles 81-2 and 81-6 of the Court Organization Act to one year, who is the minimum sentence of imprisonment, that is, one year or more.