아동ㆍ청소년의성보호에관한법률위반(강간)등
The defendant's appeal is dismissed.
1. When considering the fact that the victim does not want the punishment of the defendant under the consent of the summary of the grounds for appeal, and that the defendant is against the mistake, the punishment (five years of imprisonment, and 80 hours of completing sexual assault treatment programs) imposed by the court below is too unreasonable.
2. The lower court determined the above punishment by taking account of the following favorable circumstances: (a) the instant crime was committed very closely and systematically; (b) there was a high possibility of criticism in terms of the victim’s personality and the use of trust; and (c) the age victim suffered physical and mental impulses difficult to recover from the instant crime; and (d) the Defendant recognizes and reflects all the instant crime; (c) the victim does not want to be punished by mutual consent; (d) the social relation between the Defendant and the Defendant is relatively clear; and (e) the Defendant’s attempt to larceny residence at night, as well as the fact that there was no criminal record, was committed.
The circumstances alleged by the Defendant on the grounds of appeal were already considered in the sentencing process of the lower court, and since no new sentencing data was submitted in the appellate court, there is no change in the conditions of sentencing compared with the lower court. Moreover, even when considering the reasons for sentencing as stated by the lower court, the lower court’s sentencing, which sentenced the lowest sentence within the scope of the recommended sentencing guidelines, is too so excessive to exceed the reasonable scope of discretion.
It does not seem that it does not appear.
3. As such, the defendant's appeal is dismissed on the ground that it is without merit.