The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower judgment (six years of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal is based on statutory penalty, and a discretionary determination is made within reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty.

However, considering the unique area of sentencing in the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction in our criminal litigation law and the nature of the ex post facto review of the appellate court, the first instance sentencing judgment exceeded the reasonable scope of discretion when comprehensively considering the factors and sentencing criteria in the course of the first instance sentencing trial.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court rendered the above sentence to the Defendant with due regard to the sentencing stated in its reasoning. The fact that the Defendant, among the circumstances cited in the grounds for appeal, led to the confession of all of the crimes and is against the Defendant, is already considered in the lower court’s determination of sentencing.

In addition, the circumstance that the Defendant shows symptoms of early five to six years does not seem to have any particular impact on the instant case, and considering the circumstances that the lower court recognized in the lower judgment, such as the relationship between the Defendant and the victim, the background and method of the instant crime, the extent of damage, the extent of damage, circumstances after the instant crime, and the Defendant’s criminal history, the sentencing of the lower judgment is unlawful solely on such circumstances.