성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced (4 months of imprisonment and 40 hours of order to complete sexual assault treatment programs) is too unreasonable.
2. The fact that the determination of the crime is recognized and reflected, and that an agreement has been reached with the victim is favorable.
However, in full view of the following circumstances: (a) the victim appears to have suffered a considerable sense of sexual humiliation and maternity; (b) the Defendant committed the instant crime without being aware of it during the period of suspension of execution due to the same crime; (c) there is no special change in circumstances after the sentence of the lower judgment was rendered; and (d) the Defendant’s age, sex behavior, environment, family relationship, and circumstances after the commission of the instant crime, it is difficult to view that the lower court’s punishment is unfair because the sentence is too unreasonable.
Therefore, we do not accept the above argument of the defendant's above sentencing.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.