The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

Judgment

Based on the statutory penalty, the sentencing is a discretionary judgment that takes into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate range.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances favorable to the sentencing guidelines after the sentence of the lower judgment.

(3) In light of the above legal principles, the court below’s decision on the grounds that the Defendant’s agreement and the Defendant’s agreement with the victim A had already been considered as the grounds for sentencing in the judgment of the court below. In light of the above legal principles, the court below’s decision on the grounds of appeal, including the Defendant’s health condition, cannot be deemed unreasonable, even if the Defendant’s assertion as the grounds for appeal was considered as the grounds for appeal.

The defendant's assertion of unfair sentencing is not accepted.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.