준강간
The defendant's appeal is dismissed.
Summary of Grounds for Appeal
The punishment of the lower court (two years and six months of imprisonment, 40 hours of orders to complete sexual assault treatment programs, and 3 years of employment restriction orders) is too unreasonable.
Judgment
① The lower court determined a punishment by taking into account the favorable circumstances, such as the Defendant’s recognition of and reflects the Defendant’s crime late, and the fact that the Defendant has no record of criminal punishment, other than once a fine, and ② rape of the victim who is unable to find his mind by taking advantage of the circumstances that the Defendant was sexually suffering from serious pain, and that the Defendant was not able to use his mind from the victim.
There are no new circumstances or special changes in circumstances that can be reflected in the sentencing after the decision of the court below was made.
In addition, taking into account the following factors: the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the commission, etc., and the scope of recommended sentences presented by the Sentencing Committee (two to five years of imprisonment), it cannot be deemed that the lower court’s sentence is too unreasonable.
Therefore, the defendant's assertion is without merit.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.