The defendant's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unreasonable.

2. The Defendant recognized the instant crime and is against the law.

The defendant is a disabled person of the sixth degree with visual disability and has family members to support him.

This is the circumstances favorable to the defendant.

However, the defendant has the record of having been punished for the same criminal record, there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). There is no new change in circumstances that may change the sentence of the lower court in the trial.

This is disadvantageous to the defendant.

In full view of such circumstances as well as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence of the lower court is too unreasonable as it is too unreasonable.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That in the application of the law of the lower judgment, the “relevant legal provision on the facts of 1.1. criminal facts” is obvious that it is a clerical error of “the pertinent legal provision on the facts of 1.1. criminal facts and the choice of punishment”, and thus, it shall be corrected ex officio pursuant to