The defendant's appeal is dismissed.

1. The appellate court’s judgment dismissing the public prosecution regarding the assault among the facts charged in the instant case, and sentenced the remainder to conviction, and filed an appeal regarding the guilty portion only by the Defendant.

Therefore, the part of the judgment of the court below against which the prosecutor did not appeal is affirmed, and thus, the judgment of this court is limited to the guilty part of the judgment below.

2. The decision of the court below (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

3. 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 as to the determination of sentencing, and the fact that the court of appeal ex post facto heart character of the appellate trial, etc., if there is no change in the conditions of sentencing compared to the first instance trial, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) It is reasonable to respect the first instance judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do32

However, the above circumstances were already launched during the oral argument of the court below, and there was no special change in circumstances that could change the sentence of the court below after the court below was sentenced, and the defendant, upon the death of the defendant, committed an act against the victim G while driving on the road with the intent of retaliation against the victim G, and committed an act of assaulting the consignee, which is a dangerous object to the head of the victim K. In light of the motive of each of the above crimes, the form of the act and the method of the act, etc., the nature of each of the above crimes is not good, and there was a history of punishment for the same crimes several times, and in particular, the crime of violence continues to be repeatedly committed without any weight even during the repeated crime period, and the victim G.