준유사강간
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable in light of the fact that the defendant recognized the crime and reflects the mistake, the fact that the defendant was a contingent crime, the defendant has no criminal record for the same kind of crime, the defendant's environment, family relationship, etc. (the imprisonment of two years and 40 hours for a sexual assault treatment program).
2. The lower court, on the grounds of appeal, sentenced the Defendant to two-year imprisonment in consideration of the circumstances favorable to the Defendant and the recommended sentencing guidelines of the Supreme Court sentencing committee, etc.
According to the court below's proper reasoning, the defendant, a taxi engineer, committed similar rapes by means of gathering female passengers' body and inserting their fingers on board his taxi, etc., which led to the occurrence of considerable fear and shock by the victim in this case.
The defendant did not reach an agreement with the victim, and the victim wanted to punish the defendant.
In light of these circumstances, it is reasonable to punish the Defendant with severe punishment.
The decision is judged.
On the other hand, various favorable circumstances asserted by the Defendant on the grounds of appeal were already considered in the sentencing of the lower court, and there is no change in the sentencing conditions in comparison with the lower court on the grounds that new sentencing materials have not been submitted in the trial.
In addition, the sentence imposed by the court below is the lowest of statutory penalty.
Therefore, the defendant's assertion is without merit, since the court below's punishment is too excessive and it is not recognized that it is unfair.
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.