The punishment of the lower court (three years of imprisonment, 40 hours of order to complete sexual assault treatment courses) is too unreasonable.

Judgment

The crime of this case is highly likely to have committed an indecent act by force after the defendant intrudes on the victim's residence in the new wall, only the chest and sound of the victim who is enjoying the bed, and the defendant denied the crime during the first trial of the court below, and the victim was required to attend the court of the court of the court below to make a statement by again putting his experience in his damage, the victim seems to have suffered considerable mental shock due to the crime of this case, and the victim's desire to punish the defendant's severe punishment is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case, the defendant seems to have reached the crime of this case while under the influence of alcohol, and the fact that the defendant does not have been punished for sexual assault crimes is favorable to the defendant.

As above, considering comprehensively taking into account the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and consequence, as well as the circumstances favorable to the Defendant, and in addition to the fact that no particular change of circumstances is found in relation to the sentencing conditions after the sentence of the lower judgment, it cannot be deemed that the sentence imposed by the lower court is too unreasonable to the extent that it is deemed that the sentence imposed by the Defendant exceeded the reasonable scope of discretion.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is groundless. It is so decided as per Disposition.

However, Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 298 of the Criminal Act shall be applied to “the choice of limited term penalty” in the application of the provisions of the judgment of the court below.