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The defendant's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (five years of imprisonment and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.
2. The judgment of the defendant is the fact that the defendant led to a confession and seriously against the crime of this case, that the defendant deposited a certain amount (20 million won) for the recovery of damage since he did not reach an agreement with the victim, and that the defendant is the first offender who has no criminal record, etc. are favorable or considered to the defendant.
On the other hand, the Defendant’s crime of this case committed sexual intercourse several times by force with a minor who is one’s own wife, and thus, its character, conduct and crime quality are very poor and anti-humanity; the victim’s speech and behavior as well as the victim’s spouse is under mental treatment due to the shock of the instant crime; the Defendant’s family failure also led to the failure of the victim’s family; and the victim’s family members also want to be punished by the Defendant’s strict penalty. Therefore, it is inevitable to punish the Defendant with severe penalty corresponding to his responsibility.
In full view of the various circumstances above, the defendant's age, character and conduct, environment, motive or background of the crime, means and method of the crime, contents and result of the crime, the conditions of sentencing indicated in the records, such as the circumstances after the crime, and the scope of the recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence imposed by the court below against the defendant is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.