Judgment

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The crime of this case committed by a defendant who had been drunkd by committing the crime of this case is not good, and the victim seems to have been likely to have caused considerable mental impulse and sexual humiliation due to the crime of this case, and the defendant tried to conceal the crime by demanding F that he would have been subject to investigation or make a false statement at the time of committing the crime; the victim would not recover from damage; the victim wanted to be punished against the defendant; the defendant refused the crime at the court of the court below; and the victim was present at the court of the court of the court below to make a statement by again leaving his experience in damage.

The fact that the defendant recognizes the crime of this case in the trial of the party, and that the defendant has no record of punishment for sexual crimes is favorable to the defendant.

As above, the defendant's age, family relation, character and conduct, environment, circumstances and methods of crime, and circumstances before and after the crime, etc. are disadvantageous to or favorable to the defendant.