A. The lower court’s punishment (the 40 hours of imprisonment, 10 months of probation, 2 years of probation, 40 hours of protection, 40 hours of the sexual assault therapy, 200 hours of the community service order, 8 months of the community service order, 9,00 won of the alcohol addiction treatment) is difficult, or is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the first instance sentencing determination (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) The circumstances asserted in the trial by the Defendant and the Prosecutor as favorable or unfavorable to the sentencing were mostly revealed in the hearing of the lower court, and there are no other changes in circumstances related to the matters subject to sentencing after the pronouncement of the lower judgment.

There are some favorable circumstances for the defendant, such as the fact that the defendant agreed with the victim and that there is no record of the crimes related to marijuana or other narcotics (the defendant has returned voluntarily after departure from the Republic of Korea, etc.).