2. The fact that the judgment defendant recognized and reflecteds the crime, that the victim agreed smoothly with the victim, and that there is no record of punishment for the same crime is an element of sentencing favorable to the defendant.

However, the instant crime shows one’s sexual organ after the Defendant drawn the victim, who is a business owner, into a singing room at the new wall time, and in light of the method of crime, there is a little possibility of criticism in light of the method of crime, and there is no change in circumstances to be considered in sentencing after the judgment of the court below, which is disadvantageous to the Defendant.

In addition, considering the overall sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, character, conduct and criminal records, the sentence of the court below cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.