The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of four years and the order to complete a sexual assault treatment program for forty hours) is too unreasonable.

2. In light of the fact that the sentencing is made within a reasonable and appropriate scope taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty, and the fact that the sentencing is made within an appellate court’s ex post facto nature, etc., it is reasonable to respect the first instance judgment in a case where there is no change in the conditions for sentencing compared with the first instance judgment, and the sentencing of the first instance judgment does not deviate from the reasonable scope of discretion. Although the first instance judgment is within the reasonable scope of discretion, it is desirable to reverse the first instance judgment on the ground that the difference from the appellate court’s opinion is somewhat different from the appellate court’s opinion, and to refrain from imposing a sentence that does not differ from the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, the lower court, while serving as a church’s assistant pastor, recognized that a person suffering from the interest of a church was under a disadvantage to the Defendant by having known that it was difficult to resist due to the victim and the Defendant.

Compared to the judgment below, there is no special change in sentencing conditions, and even to the circumstances properly stated by the court below, there is a high possibility of criticism in that the defendant used women who are unable to exercise their right to sexual self-determination due to intellectual disorder as a means to meet their own sexual desire, the fact that they did not receive any appearance from the injured person, and any other reasons for sentencing, such as the defendant's age, sexual behavior, environment, and social relation, are added.