The defendant's appeal is dismissed.

1. The decision of the court below against the defendant on the summary of the reasons for appeal is too unreasonable.

2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a sentence that does not differ from the appellate court’s view (see Supreme Court Decision 2015Do3260, Jul. 23, 2015) by destroying the first instance judgment on the sole ground that the sentence of the first instance falls within the reasonable scope of the discretion but is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence by comprehensively considering the favorable circumstances and unfavorable circumstances of the Defendant, such as the recognition of the instant crime, and the fact that the Defendant was in a state of mental instability due to depression at the time of committing the crime, etc.

It is difficult to find any special change in circumstances that can change the sentence of the court below for the first time.

In full view of various circumstances, including the Defendant’s age, sex, environment, family relation, health status, record of a crime, background leading to a crime, motive, means and consequence of a crime, and circumstances after the crime, the lower court’s punishment against the Defendant is at its discretion.