A. The Defendant did not commit a crime that the lower court found guilty.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment and 80 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and investigated by the court below, it is just for the court below to find the defendant guilty of the facts charged in this case, and it does not err in misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below.

Therefore, this part of the defendant's assertion is without merit.

B. The circumstances favorable to the defendant are as follows: (a) the degree of injury of the victim on the assertion of unfair sentencing is relatively minor; (b) the defendant has no criminal record of the same kind; and (c) the defendant deposited KRW 1,500,000 for the victim in the trial.

On the other hand, the crime of this case is a case where the defendant invadeds on the victim's residence to force the victim by force and suffered bodily injury, and the nature of the crime is not very good, and the physical and mental suffering of the elderly victim is considered to be considerable, and the defendant committed the crime of this case when the defendant is committing the crime of this case during the period of repeated crime, which is disadvantageous to the defendant.

In addition, considering the defendant's age, criminal records, character and conduct, environment, family relations, the motive and background of the crime, the method and consequence of the crime, and the recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Committee (the original judgment did not consider "victims vulnerable to the crime" as an aggravated factor, but the recommended sentencing range when considering the victim's age as an aggravated factor is the age of 93 years, the recommended sentencing range would be from 7 years to 11 years), it is not determined that the sentence imposed by the court below is too unreasonable.