강간치상
The defendant's appeal is dismissed.
1. The sentence of the lower court (a three-year imprisonment, an order to complete a sexual assault treatment program 40 hours, and an order to restrict employment between five-years) is too excessive and thus the determination of the sentence is unreasonable.
2. The sentencing conditions have not changed compared to those of the lower court because new data on sentencing favorable to the Defendant have not been submitted in the appellate court’s judgment.
Inasmuch as the Defendant inflicted an injury on a victim in the course of rape, even if the commission of rape was attempted, such attempted rape cannot be used as grounds for mitigation.
In addition, the defendant is still unable to receive a letter from the victim.
In addition to these circumstances, considering all the sentencing factors revealed in the appellate court trial, the sentence of the court below is too heavy to the extent that it exceeds the reasonable discretion of the court.
It does not seem that it does not appear.
Therefore, the defendant's assertion is not accepted.
3. The defendant's appeal is without merit, and it is so dismissed as per Disposition.